The Justice Department is currently slated to come and issue its arguments on Friday at a hearing as part of its lawsuit slammed against the State of Texas in the wake of the state’s passing of the recent pro-life law.
The Texas Heartbeat Act, as it stands, effectively outlaws the performing or receipt of abortions after the sixth week of a pregnancy, or once any fetal cardiac activity had been detected. As reported by The Daily Wire, “The Texas law allows citizens to sue abortion providers and those who ‘aid and abet’ illegal procedures for a financial reward if the lawsuit is successful.”
The New York Times stated:
The Texas law bars state officials from actually enforcing it, a design intended to make it difficult to challenge in the courts.
Usually a lawsuit aiming to block such a law as unconstitutional names state officials as defendants. Instead, the Texas law deputizes private citizens to sue anyone who performs an abortion or “aids and abets” a procedure. Plaintiffs who have no connection to the patient or the clinic may sue and recover legal fees, as well as $10,000 if they win.
Old Uncle Joe’s administration has gotten involved in the blocking of the new law, putting out an announcement earlier this past month that it is going to take legal action against the state of Texas.
As stated by the Texas Tribune, federal and state lawyers will start giving their arguments as part of a hearing taking place on Friday. “The case is being overseen by U.S. District Judge Robert L. Pitman, a 2014 Obama nominee, in the U.S. District Court for the Western District of Texas,” continued the outlet.
The federal government has already laid out several arguments as to why the abortion law in Texas should be outright thrown out.
“It is settled constitutional law that ‘a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability,’” reported U.S. attorneys concerning the lawsuit. “But Texas has done just that.”
The new lawsuit went on to add that the federal government was bringing up the suit “to protect other federal interests that S.B. 8 unconstitutionally impairs.”
It put forth the argument that the law “conflicts with federal law by purporting to prohibit federal agencies from carrying out their responsibilities under federal law related to abortion services.”
“Because S.B. 8 does not contain an exception for cases of rape or incest, its terms purport to prohibit the federal government and its employees and agents from performing, funding, reimbursing, or facilitating abortions in such cases,” it tacked on.
The filing in Texas reportedly stated, “If the Department of Justice wants to expand its authority, it should direct its requests to Congress, not this Court.”
Previously, the Supreme Court chose to not place a stay on the new law and allowed it to take effect. The reason behind this was due to the law’s actual enforcement strategy.
Experts have spoken out on the new lawsuit and have stated that it might be hard to determine how the suit will actually play out due to the recent ruling by the Supreme Court.