The Department of Justice has requested that the Supreme Court block the Texas ‘Heartbeat Act,’ even though the high court opted not to intervene just last month.
The Texas law prohibits abortions after a fetal heartbeat is detected, which is typically around six weeks.
Breitbart News reports, “the Department of Justice (DOJ) filed suit against Texas days after the law took effect on September 1, when the Supreme Court of the United States, in a 5-4 decision, denied abortion providers’ emergency application to block the law from going into effect while legal challenges proceed in lower courts.”
“In his filing, Acting Solicitor General Brian Fletcher argued that Texas’s law is ‘clearly unconstitutional’ and defies Supreme Court precedent. Fletcher further argued that failure to ban the law would ‘perpetuate the ongoing irreparable injury to the thousands of Texas women who are being denied their constitutional rights.'”
The Texas law was briefly suspended and reinstated earlier this month when U.S. District Judge Robert Pitman of the Western District of Texas ruled that the enforcement should be temporarily halted as litigation plays out.
Pitman’s ruling was successfully challenged by the state of Texas in the U.S. Court of Appeals for the Fifth Circuit, who ruled that the law may be enforced through the court challenges.
On Monday, the DOJ filed a request to lift the Fifth Circuit’s stay.
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