The emergency movement seeks a brief restraining order comes days after the DOJ sued Texas over the regulation, claiming it was enacted to “prevent women from exercising their constitutional rights.”
The regulation went into impact on Sept. 1 after being upheld in a 5-4 determination by the U.S. Supreme Court. It is the strictest abortion regulation within the nation. Critics say many ladies don’t but know they’re pregnant at six weeks – across the time when a fetal heartbeat can first be detected – and the regulation makes no exceptions for rape or incest.
“It’s clearly unconstitutional,” mentioned Attorney General Merrick Garland mentioned final Thursday. “The obvious and expressly acknowledged intention of this statutory scheme is to prevent women from exercising their constitutional rights.”
The Texas Heartbeat Act, or S.B. 8, was signed by Republican Gov. Greg Abbott in May and empowers personal residents to implement it by permitting them to sue anybody who allegedly helps a lady get an abortion illegally.
“Texas devised an unprecedented scheme that seeks to deny women and providers the ability to challenge [the law] in federal court,” the division wrote. “This attempt to shield a plainly unconstitutional law from review cannot stand.”
The DOJ argued the regulation is in battle with Roe v. Wade and “a woman’s right to terminate her pregnancy before viability.”
In response to final week’s lawsuit, Texas Governor Greg Abbott’s press secretary Renae Eze mentioned, “The most precious freedom is life itself. Texas passed a law that ensures that the life of every child with a heartbeat will be spared from the ravages of abortion. Unfortunately, President Biden and his Administration are more interested in changing the national narrative from their disastrous Afghanistan evacuation and reckless open border policies instead of protecting the innocent unborn. We are confident that the courts will uphold and protect that right to life.”
Abbott’s workplace did not instantly reply to Fox News’ late-night request for remark.
Fox News’ Jessica Chasmar contributed to this report.