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| Attorney General Merrick Garland |
The Justice Department's complaint filed in a Texas federal district court argues that Texas acted “in open defiance of the Constitution” in restricting “most pre-viability abortions.”
Attorney General Merrick Garland further argued in favor of the filing. “The Act is clearly unconstitutional under longstanding Supreme Court precedent,” Garland said. “The United States has the authority and responsibility to ensure that no state can deprive individuals of their constitutional rights through a legislative scheme specifically designed to prevent the vindication of those rights.”
The Justice Department's lawsuit seeks a permanent injunction against state officials and “private parties who would bring suit under the law, from implementing or enforcing” the law.
This is the latest pro-abortion effort to block the democratically passed law. So far, the Texas Heartbeat Act has survived court challenges. The Supreme Court gave a 5-4 decision last week not to grant a temporary injunction against the Heartbeat Act's enforcement while the case goes through the lower courts. The Justice Department's case may provide another avenue for pro-abortion advocates to block the law's enforcement.
