The Justice Department is asking the US Supreme Court to put the new Texas abortion law on hold while legal challenges wind through lower courts.
In an appeal filed today, the Biden Administration asked the Court to block the Texas law while the fight over the measure's constitutionality plays out in the courts. In an unusual step, the Justice Department went a step further of requesting a full review and decide the fact of the Texas law this term, even though no court has reviewed the constitutionality of the so called 6-week fetal heartbeat bill.
"The Department of Justice will be the lead on that against efforts to prevent women from having access to fundamental rights that they should have to protect their own health and make decisions about their own health." said Jen Psaki, spokeswoman for the Administration.
The law has been in effect since September, aside from a short pause. It bans abortions once cardiac activity is detected, usually around six weeks and before some women know they are pregnant.
Although it is less than two months old, the law has already splashed across three different federal court venues.
On Oct. 6, U.S. District judge Robert Pittman issued a lengthy opinion accusing Texas lawmakers of attempting to make an end-run around Roe v Wade by enacting SB8. Pittman issued an order barring private citizens from filing civil suits against anyone perceived as assisting a woman from getting an abortion in Texas. Two days later the law was appealed to the 5th Circuit U.S. Court of Appeals, which agreed to review the law on an expedited basis. The court also lifted the restraining order, putting the law back into effect. The appeal filed today seeks to stay the 5th Circuit's lift on the restraining order.
The case will land on the desk of Associate Justice Samuel Alito, who will decide whether he will act or have the full court review the request. That decision could move fast.
"If I had to guess, I would guess within probably about a week," said Brian Owsley, a law professor at the University of North Texas. "This is gaining national attention. We've seen the Supreme Court, a number of justices sort of express or push back on the notion that they are partisan, that they are ruling in their own personal preferences and things like that. So they have a P.R. issue. And they're pushing back on that, so I think they'll want to make a decision quickly."
LISTEN on the Audacy App
Sign Up and Follow NewsRadio 1080 KRLD
