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Justice Department again asks appeals court to suspend Texas abortion law

The Biden administration sued Texas over the law last month after it went into effect

Updated: October 12, 2021 - 12:13pm

The Facts Inside Our Reporter’s Notebook


The Biden administration on Monday night again urged the courts to intervene over the new Texas law that bans most abortions after six weeks of pregnancy. 

The request to suspend the law came three days after the 5th U.S. Circuit Court of Appeals reinstated the law, after a lower court ruling allow abortions to resume for about 48 hours, according to the Associated Press.

The law took effect in September and is considered the most restrictive in the country.

Although other GOP-controlled states have had similar early bans on abortions blocked by courts, the Texas law has largely held up to legal challenges because it put enforcement solely to private citizens.

“If Texas’s scheme is permissible, no constitutional right is safe from state-sanctioned sabotage of this kind,” the Justice Department told the appeals court.

As some Texas abortion providers last week quickly moved to once again perform abortions for patients past six weeks, the New Orleans-based 5th Circuit appeals court set that order aside while it reviews the case.

The Biden administration sued Texas over the law last month after it went into effect. Texas officials have defended the restrictions, which were signed by Republican Gov. Greg Abbott in May and say they have no ability to stop private individuals from bringing lawsuits, the wire service also reports.