The law allows private citizens to sue those who perform or assist in abortions after about six weeks.
The U.S. Department of Justice has asked a federal court in Texas to temporarily halt the enforcement of a new state law banning most abortions.
The Texas law, known as SB8, prohibits abortions as soon as medical specialists can detect cardiac activity – usually about six weeks, a point before some women do not even know they are pregnant.
In an emergency move Tuesday night in the U.S. District Court for the District of Texas, Austin, the DoJ said: ‘A court may file a temporary restraining order or a provisional order as a way to prevent harm to the tenant. before the court can fully assess the disputed claims. ”
The motion comes to the DoJ a lawsuit filed in Texas last week asked a federal judge to declare the law invalid because it unlawfully infringes on women’s constitutional rights and violates the constitution’s rule of law, which states that federal law replaces state law.
Courts have barred other states from imposing similar restrictions, but Texas law differs significantly because it leaves enforcement to private citizens through civil lawsuits instead of criminal prosecutions.
The law went into effect earlier this month, after the Conservative high court in the country’s majority rejected an emergency appeal from abortion providers and demanded that the law be suspended.
“When other states enacted laws restricting reproductive rights to the extent that SB8 does, courts ordered that the laws be enforced before they could take effect,” the DoJ said.
‘In an effort to avoid the result, Texas has devised an unprecedented plan to deny women and suppliers to challenge SB8 in federal court. This attempt to protect a clearly unconstitutional law from review cannot exist, ‘the statement said.
The case was handed over to U.S. District Judge Robert Pitman.
President Joe Biden and prominent Democrats promises to break the law.
Texas law allows anyone to sue a person who offers or helps an abortion after heart activity can be detected.
This allows for a broad interpretation of the help of an abortion and the person taking legal action does not have to have a connection with the woman seeking the abortion. They may be entitled to at least $ 10,000 in damages if they win in court.
The law does not contain exceptions for rape or sexual assault.
The Texas law is the country’s largest cornerstone for abortion since the Supreme Court upheld Roe v Wade’s 1973 ruling that women have a constitutional right to abortion.
Abortion providers said they would comply, but some of Texas’ roughly two dozen abortion clinics have temporarily stopped providing abortion services.
Clinics in neighboring states have meanwhile experienced an increase in patients from Texas.