In an attempt to block Texas Senate Bill 8, the abortion law that took effect last week, Attorney General Merrick Garland announced Thursday the Justice Department has filed a lawsuit against the state. The video above shows clips from Garland’s announcement.
The lawsuit, filed in federal court in Texas, asks a federal judge to declare that the law is invalid, “to enjoin its enforcement, and to protect the rights that Texas has violated.”
SB8 prohibits abortions once medical professionals can detect cardiac activity, which is usually around six weeks into pregnancy. It also leaves enforcement of the law to private citizens through civil lawsuits instead of criminal prosecutors.
“Among other things, SB8 conflicts with federal law by prohibiting federal agencies from exercising their authorities and carrying out their responsibilities under federal laws relating to abortion services,” Garland said in the announcement. “It also subjects federal employees and non-governmental partners who implement those laws to civil liability and penalties.”
Despite being “clearly unconstitutional under long-standing Supreme Court precedent” according to Garland, the Supreme Court ruled 5-4 refusing to block the Texas abortion law allowing it to stand. “Texas does not dispute that its statute violates Supreme Court precedent.,” Garland said. “Instead, the statute includes an unprecedented scheme to, in the chief justice’s words, quote, ‘insulate the state from responsibility’, close quote.”
The Justice Department argues the Texas abortion law unlawfully infringes on the constitutional rights of women. “It is settled constitutional law that ‘a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability,” the lawsuit reads. “But Texas has done just that.”
“Thus far, the law has had its intended effect, because the statute makes it too risky for an abortion clinic to stay open, abortion providers have ceased providing services,” Garland said. “This leaves women in Texas unable to exercise their constitutional rights and unable to obtain judicial review at the very moment they need it.”
Federal officials are also concerned other states could enact similar laws. “If another state uses the same kind of provisions to deprive citizens of their constitutional rights and in particular to deprive their citizens of the ability to seek immediate review, we will bring the same kind of lawsuit,” Garland said.