Justice Department sues US state of Texas over abortion restrictions

By Michael Hernandez

WASHINGTON (AA) - The US Justice Department sued Texas on Thursday over a recently enacted law that effectively outlaws nearly all abortions in the Republican-led state.

Attorney General Merrick Garland announced the legal challenge to Texas' Senate Bill 8, or S.B. 8, which effectively bans all abortions after about six weeks, regardless of whether the pregnancy resulted from rape or incest.

The suit says Texas enacted the law "in open defiance of the Constitution," a reference to a 1992 court case that prohibited states from banning abortions before the fetus is viable, which is between 22-24 weeks.

"Texas enacted S.B. 8 in open defiance of the Constitution. The statute prohibits most pre-viability abortions, even in cases of rape, sexual abuse, or incest. It also prohibits any effort to aid—or, indeed, any intent to aid—the doctors who provide pre-viability abortions or the women who exercise their right to seek one," the suit says.

The Texas law bans abortions after a heartbeat can be detected, roughly six weeks after conception -- a timeframe in which most women would not even know they are pregnant.

In an effort to avoid the fate of other "heartbeat bills" that have been struck down as unconstitutional, S.B. 8 essentially deputizes private parties by empowering them to sue not only doctors and women's health clinics but anyone who assists a woman in attaining a prohibited abortion, including ride share drivers who take them to clinics and other individuals.

They can be awarded up to $10,000 and have their legal fees covered if they prevail.

The attorney general said the policy is an "unprecedented" scheme that makes private individuals "bounty hunters" as it seeks to avoid federal oversight and "nullify the Constitution."

"The act is clearly unconstitutional under longstanding Supreme Court precedent," Garland said at a press conference.

"This kind of scheme to nullify the Constitution of the United States is one that all Americans – whatever their politics or party – should fear. If it prevails, it may become a model for action in other areas, by other states, and with respect to other constitutional rights and judicial precedents," he added.

The US Supreme Court affirmed a woman's right to an abortion in the landmark 1973 Roe V. Wade case. That case struck down Texas laws that criminalized abortion.