The United States Department of Justice (DOJ) filed a motion for a court order in the Western District of Texas to stop the enforcement of the controversial six-week abortion ban (S.B. 8) in Texas.
The agency says that the ban is unconstitutional because it violates the Fourteenth Amendment and is a direct attack against women’s rights.
“It is well-settled that the Fourteenth Amendment prevents states from banning abortion before a fetus is viable,” the motion says. “Because S.B. 8 has that effect, it is plainly unconstitutional under binding precedent.”
“The United States seeks a temporary restraining order or a preliminary injunction enjoining the enforcement of S.B. 8,” the Department of Justice wrote in a motion.
The United States Supreme Court refused to block the Texas ban earlier this month in a 5-4 vote.
The abortion ban prohibits women from seeking abortions after a heartbeat is detected and punishes individuals who help women seek abortions in any way. Private citizens who report individuals seeking abortions can file a lawsuit to collect $10,000 or more. There are no provisions in the legislation that protect victims of rape and incest.
Republican Texas Governor Greg Abbott signed the bill into law in May, and it took effect on September 1.
“This relief is necessary to protect the constitutional rights of women in Texas and the sovereign interest of the United States in ensuring that its States respect the terms of the national compact,” the Department of Justice wrote in the forty-seven-page motion.
“It is also necessary to protect federal agencies, employees, and contractors whose lawful actions S.B. 8 purports to prohibit.”
The Department also says that the Texas law violates the Supremacy Clause, which puts federal law above state and local law in many cases. The department believes that the bill was strategically written to avoid being challenged in Court.
“The Act harms the United States’ interest in ensuring that States do not evade their obligations under the Constitution and then try to insulate their actions from judicial review, as well as its interest in protecting the constitutional rights of women in its care and custody,” the filing says. “To allow States to circumvent the Federal Constitution in this manner would offend the basic federal nature of the Union. Thus, the unconstitutionality of S.B. 8 alone suffices to establish irreparable harm.”
Attorney General Merrick Garland says the bill is improper and that the Department of Justice will continue fighting on behalf of Texas women.
