clearn.png
Sunday September 26th, 2021 2:32AM

Justice Department seeks order against Texas abortion law

By The Associated Press
Related Articles
  Contact Editor

WASHINGTON (AP) — The Justice Department has asked a federal court in Texas to stop the enforcement of a new state law that bans most abortions in the state while it decides the case.

The Texas law, known as SB8, prohibits abortions once medical professionals can detect cardiac activity — usually around six weeks, before some women know they’re pregnant. Courts have blocked other states from imposing similar restrictions, but Texas’ law differs significantly because it leaves enforcement to private citizens through civil lawsuits instead of criminal prosecutors.

The law went into effect earlier this month after the Supreme Court declined an emergency appeal from abortion providers asking that the law be stayed.

In Tuesday night's emergency motion in the U.S. District Court for the Western District of Texas, Austin Division, the Justice Department said “a court may enter a temporary restraining order or a preliminary injunction as a means of preventing harm to the movant before the court can fully adjudicate the claims in dispute.”

The case was assigned to U.S. District Judge Robert Pitman.

Last week, the Justice Department filed a lawsuit in Texas asking a federal judge to declare that the law is invalid because it unlawfully infringes on the constitutional rights of women and violates the Supremacy Clause of the Constitution, which says federal law supersedes state law.

The department made a similar argument in seeking the restraining order or temporary injunction and said that it's challenge would likely be successful.

“When other States have enacted laws abridging reproductive rights to the extent that S.B. 8 does, courts have enjoined enforcement of the laws before they could take effect. In an effort to avoid that result, Texas devised an unprecedented scheme that seeks to deny women and providers the ability to challenge S.B. 8 in federal court. This attempt to shield a plainly unconstitutional law from review cannot stand.”

Under the Texas law, someone could bring a lawsuit — even if they have no connection to the woman getting an abortion — and could be entitled to at least $10,000 in damages if they prevail in court.

The Texas law is the nation’s biggest curb to abortion since the Supreme Court affirmed in the landmark 1973 decision Roe v. Wade that women have a constitutional right to an abortion.

Abortion providers have said they will comply, but already some of Texas’ roughly two dozen abortion clinics have temporarily stopped offering abortion services altogether. Clinics in neighboring states, meanwhile, have seen a surge in patients from Texas.

  • Associated Categories: U.S. News, Associated Press (AP), AP National News, AP Online National News, Top U.S. News short headlines, Top General short headlines, AP Online Headlines - Washington, AP Online Congress News, AP Health
© Copyright 2021 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Largest colleges push student vaccines with mandates, prizes
At most of the largest U.S. public universities, students aren't obligated to be vaccinated against COVID-19
1:14AM ( 8 minutes ago )
Hurricane battered Louisiana braces for Nicholas drenching
Residents in southern Louisiana still recovering from Hurricane Ida just weeks ago were bracing for expected heavy rains as another system — Nicholas — crawls across parts of the state
1:13AM ( 9 minutes ago )
Justice Department seeks order against Texas abortion law
The Justice Department is asking a federal court in Texas to issue a temporary restraining order or a preliminary injunction against a new state law that bans most abortions in Texas
1:09AM ( 13 minutes ago )
U.S. News
North Korea fires 2 ballistic missiles into eastern waters
North Korea has fired two ballistic missiles into waters off its eastern coast two days after claiming to have tested a newly developed missile in its first such weapons displays in six months
1:21AM ( 1 minute ago )
Rarely seen Tennessee Williams story set in post-WWII Italy
A rarely seen Tennessee Williams short story confirms his longtime passion for Italy and reveals concerns about how Italians felt about Americans
1:03AM ( 19 minutes ago )
5 takeaways after Newsom survives California recall attempt
California Gov. Gavin Newsom has ably fended off Republicans' recall attempt
1:01AM ( 21 minutes ago )
Associated Press (AP)
Alaska's largest hospital implements crisis care standards
Alaska's largest hospital is implementing crisis standards of care, or prioritizing resources and treatments to those patients who have the potential to benefit the most
11:54PM ( 1 hour ago )
Seoul: North Korea fires projectile toward eastern sea
South Korea says North Korea has fired an unidentified projectile off its east coast
11:50PM ( 1 hour ago )
California recall fails; Gov. Gavin Newsom stays in office
California Democratic Gov. Gavin Newsom has defeated an attempt to oust him from office, overcoming Republican criticism of COVID-19 restrictions that shuttered schools and businesses
11:47PM ( 1 hour ago )
AP National News
California's Newsom builds strong lead in early recall votes
California Gov. Gavin Newsom has taken a healthy lead in the recall election that aims to oust him from office as early and advance votes are counted
11:33PM ( 1 hour ago )
Nicholas, now a tropical depression, still douses Gulf Coast
Tropical Storm Nicholas has weakened to a tropical depression as it slowed to a crawl over southeastern Texas and southwestern Louisiana as its heavy rains continued to drench the area, maintaining a flood threat
11:28PM ( 1 hour ago )
Recall of Gov. Gavin Newsom to decide future of California
Voting has wrapped up in the California recall election that could kick Gov. Gavin Newsom out of office
11:09PM ( 2 hours ago )
AP Online National News
Democrats revise elections bill but face Senate headwinds
Senate Democrats are paring back their signature elections bill in hopes of kickstarting their stalled push to pass it
9:18PM ( 4 hours ago )
Chinese ambassador to UK barred from Parliament
China’s ambassador to Britain has been barred from Parliament and told he could not enter the building for a talk he was scheduled to give
8:50PM ( 4 hours ago )
US military aid to Egypt released despite rights concerns
The Biden administration is releasing nearly $200 million in military aid to Egypt but will hold back millions more over human rights concerns
7:59PM ( 5 hours ago )
AP Online Headlines - Washington
Florida congressional candidate says rival threatened life
Trial testimony shows a former political rival of a Republican Florida congressional candidate made repeated threats to “take her out,” even claiming he could summon a supposed Russian and Ukrainian hit squad to kill her
5:46PM ( 7 hours ago )
NYC's Eric Adams runs for mayor as the outsider's insider
Eric Adams won New York City’s Democratic mayoral primary by striking a personal balance on policing and racial injustice
5:00PM ( 8 hours ago )
Missouri cave with ancient Native American drawings sold
A Missouri cave containing Native American artwork from more than 1,000 years ago has been sold at auction
4:39PM ( 8 hours ago )
AP Online Congress News
Largest colleges push student vaccines with mandates, prizes
At most of the largest U.S. public universities, students aren't obligated to be vaccinated against COVID-19
1:14AM ( 9 minutes ago )
Hurricane battered Louisiana braces for Nicholas drenching
Residents in southern Louisiana still recovering from Hurricane Ida just weeks ago were bracing for expected heavy rains as another system — Nicholas — crawls across parts of the state
1:13AM ( 9 minutes ago )
Boston preliminary mayoral election set to usher in new era
Boston is narrowing its field of mayoral hopefuls for the first time to two people of color, possibly both women
1:06AM ( 16 minutes ago )
California Gov. Gavin Newsom stays in power as recall fails
California Democratic Gov. Gavin Newsom has emphatically defeated an attempt to oust him from office, overcoming Republican criticism of COVID-19 restrictions that shuttered schools and businesses
12:49AM ( 33 minutes ago )
Trump aides aim to build GOP opposition to Afghan refugees
Tens of thousands of Afghan refugees fleeing the Taliban are arriving in the U.S., and a handful of former Trump administration officials are working to turn Republicans against them
12:07AM ( 1 hour ago )