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US Department of Justice filed an emergency order and asked for a temporary pause to the new Texas law that bans abortions past 6 weeks. The department said in its filing that the new law, also known as S.B. 8, prevents women from exercising their constitutional rights. The Department of Justice said, “The United States seeks a temporary restraining order or a preliminary injunction enjoining the enforcement of S.B. 8. 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. It is also necessary to protect federal agencies, employees, and contractors whose lawful actions S.B. 8 purports to prohibit”. The department claimed the law went into effect 2-weeks ago and violates the 14th Amendment.

The filing said, “It is well-settled that the Fourteenth Amendment prevents states from banning abortion before a fetus is viable. Because S.B. 8 has that effect, it is plainly unconstitutional under binding precedent”. The department also accused that the law violates the Supremacy Clause, which places federal law above state law in various circumstances, and irreparably injures the federal government because it is designed to avoid being challenged in court. The filing also said, “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 also said. “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”. The Justice Department also argued that the law is driving many to seek abortions outside of Texas. The law is overburdening out-of-state clinics and creating backlogs for residents of other states seeking care. In addition to outlawing abortion as early as 6-weeks into a pregnancy before most women know they’re pregnant. The measure allows private citizens to bring civil lawsuits against anyone who provides an abortion after 6-weeks or helps a woman access the procedure, such as a friend who drives a woman to obtain an abortion, or clinic staff.