Justice Department sues Texas to block 'unconstitutional' controversial abortion ban

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By Nika Shakhnazarova

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The US Justice Department is suing Texas in an attempt to block its new law banning most abortions, arguing the state's legislature enacted it "in open defiance of the constitution".

The lawsuit comes after the Supreme Court refused to block the legislation, which bans nearly all abortions after six weeks of pregnancy, from taking effect.

This amounts to a near-total ban on abortions and has no provision for victims of rape or incest.

Watch Attorney General Merrick Garland's news conference right here:

Per CBS News, Attorney General Merrick Garland said Thursday, September 9, that the Justice Department filed the suit against Texas over its law, which he called "clearly unconstitutional under longstanding Supreme Court precedent."

Speaking in a news conference, Garland said: "The United States has the authority and the responsibility to ensure that no state can deprive individuals of their constitutional rights to a legislative scheme specifically designed to prevent the vindication of those rights."

The lawsuit argues the law is unconstitutional and was enacted in open defiance of the Constitution, Sky News reports.

Discover more about the new law below:

After the Supreme Court’s decision last week, President Joe Biden vowed a "whole-of-government" response to try to safeguard access to abortions in Texas.

Biden directed White House legal and gender policy advisers, the DOJ, and his Health and Human Services Department to evaluate what "legal tools we have to insulate women and providers from the impact of Texas' bizarre scheme of outsourced enforcement to private parties."

What's more, Garland added DOJ's decision was not based on pressure from lawmakers or the White House.

"We carefully evaluated the law and the facts and this complaint expressed our view of the law and the facts," he said.

The controversial new legislation, Senate Bill 8, bans abortions after six weeks in Texas and took effect last week after the Supreme Court's inaction.

The Supreme Court and a federal appeals court did not act upon objections from emergency requests brought forth by abortion providers.

This means that abortion after six weeks is illegal in the state - which is before many people even know they are pregnant, CNN reports.

Private lawsuits can therefore be brought against any pregnant person seeking to have an abortion after six weeks.

Featured image credit: UPI / Alamy