Biden's Department of Justice under AG Merrick Garland announced that they are suing the state of Texas over their abortion bill on the grounds that it allegedly circumvents the traditional norms of "judicial review."
Garland announced the lawsuit against the state of Texas over SB 8, also known as the Heartbeat Bill, a pro-life bill that effectively bans abortion procedures after six weeks of fetal development, once a heartbeat is able to be detected.
The bill leaves enforcement of the provisions of the law to private citizens to report on those who are providing or facilitating abortions or abortion access. Democrats and leftists have vehemently opposed the bill.
The DOJ seeks to declare the bill "invalid under the Supremacy Clause and the Fourteenth Amendment, is preempted by federal law, and violates the doctrine of intergovernmental immunity."
Governor Greg Abbott signed the bill in May but it went into effect in early September. The Supreme Court refused to grant and emergency order blocking the bill.
Attorney General Garland stated that "The Act is clearly unconstitutional under longstanding Supreme Court precedent. [...] 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."
He had signaled that a response was coming earlier this week.
Portland Mayor Ted Wheeler tried cutting ties with Texas with limited success, and later reversed that intended ban. Elsewhere, private companies like Uber and Lyft publicly vowed to pay for the legal costs of any rideshare driver caught helping someone drive to an abortion clinic.
The controversy over the pro-life bill comes days after the state of Texas finalized their election security legislation and signed it into law, after months of backlash from Democrats.
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