The Biden administration said Friday it will turn next to the U.S. Supreme Court in another attempt to halt a Texas law that has banned most abortions since September.
The move comes as the Texas clinics are running out of avenues to stop the GOP-engineered law that bans abortions once cardiac activity is detected, which is usually around six weeks. It amounts to the nation’s biggest curb to abortion in nearly 50 years and makes no exception for cases of rape or incest.
By going to the Supreme Court, the Justice Department is taking the route that clinics have sought as other legal challenges have failed. In the meantime, Texas women have turned to abortion clinics in neighboring states, some driving hours through the middle of the night and including patients as young as 12 years old.
‼️BREAKING. Sadly, our prediction was right—by a vote of 2-1 a panel of 5th Circuit (most conservative in land) refused to stay the Texas abortion ban while it considers appeal. DOJ likely considering emergency appeal to #SCOTUS (otherwise 5th Cir won’t rule on merits for months) pic.twitter.com/C7j4rLCNtW
— LegalAF by MeidasTouch (@MTLegalAF) October 15, 2021
The latest defeat for clinics came Thursday night when a federal appeals panel in New Orleans, in a 2-1 decision, allowed the restrictions to remain in place for a third time in the last several weeks alone. Justice Department spokesman Anthony Coley said the federal government will now ask the Supreme Court to reverse that decision but did not say how quickly. The court already once allowed the restrictions to take effect but did so without ruling on the law’s constitutionality.
The DOJ is is approaching SCOTUS to halt the Texas ban on Reproductive Rights while the case is being reviewed.
— Kenya ☮️ Voting Rights Now ☯️ (Commentary) (@LandseerNewfie) October 15, 2021
U.S. Attorney General Merrick Garland has called the law “clearly unconstitutional” and warned that it could become a model elsewhere in the country unless it’s struck down.