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Justice Department Asks Supreme Court to Block Texas Abortion Law
WASHINGTON — In a forceful brief filed Monday, the Biden administration urged the Supreme Court to temporarily block a Texas law that bans most abortions in the state while a legal challenge moves forward, calling the law “plainly unconstitutional.”
Leaving the law in effect, the brief said, would allow Texas to flout half a century of Supreme Court precedents that forbid states from banning abortions before fetal viability, or about 22 to 24 weeks into a pregnancy. The challenged law, called Senate Bill 8, has been in force since the beginning of September and effectively bars abortions after around six weeks of pregnancy.
“It virtually eliminated access to abortion in Texas after six weeks of pregnancy,” the brief said. “Texas has, in short, successfully nullified this court’s decisions within its borders.”
The court signaled that it may act quickly. Justice Samuel A. Alito Jr., who oversees the federal appeals court responsible for Texas, asked officials there to file their response to the Justice Department’s application by Thursday at noon. The court could rule in the following days.
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The majority opinion in last month’s 5-to-4 Supreme Court decision refusing to block the law was unsigned and consisted of a single long paragraph. It said the abortion providers who had challenged the law in an emergency application to the court had not made their case in the face of “complex and novel” procedural questions.
The majority stressed that it was not ruling on the constitutionality of the Texas law and did not mean to limit “procedurally proper challenges” to it.