Biden Administration Prepares to Sue Texas Over Abortion Law
Source: Wall Street Journal
WASHINGTONThe Biden administration is preparing to sue Texas over its new law banning most abortions, people familiar with the matter said, an action that would set off a federal-state clash at a time when the future of abortion rights becomes an ever-more-pressing question before the courts.
Read more: https://www.wsj.com/articles/biden-administration-prepares-to-sue-texas-over-abortion-law-11631151641
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LetMyPeopleVote
(144,919 posts)This will be fun to watch https://www.mediaite.com/news/biden-administration-to-sue-texas-over-anti-abortion-law-as-soon-as-thursday-report/
Signed in May, the law bans abortion after a fetal heartbeat can be detected, which is around six weeks into pregnancy. But rather than rely on state officials from enforcing the law, the legislation allows any person, other than an officer or employee of a state or local governmental entity in this state to sue any person who knowingly engages in conduct that aids or abets the performance or inducement of an abortion.
The statute is written broadly enough so that it could conceivably leave open to liability any taxi or ride-hailing app drivers who transport women to clinics for the purpose of getting an abortion. Uber and Lyft have already said they will cover the legal fees of any drivers who are sued under the law.
Plaintiffs who are successful can be awarded at least $10,000 per defendant.
As the Journal noted, Attorney General Merrick Garland said Monday that the Justice Department was urgently exploring all of its options, which legal experts said could include attempting to strip federal funding and trying to determine whether there are federal facilities within the state that could provide abortions.
LeftInTX
(25,126 posts)Harvard law professor Alan Dershowitz has panned the law, calling it so unconstitutional, I dont even know where to begin.
C Moon
(12,209 posts)Moebym
(989 posts)Bayard
(22,005 posts)Fingers and all other appendages crossed for this one.
BTW--I've read several articles interviewing doctors lately that say there can be NO fetal heartbeat at 6 wks, because the heart isn't even formed yet. But I doubt medical science played a part in writing this asinine law.
Moebym
(989 posts)ShazzieB
(16,273 posts)It's an embryo at that stage! So the terminology in the law is completely effed up, talking about a "fetal heartbeat" in an embryo that doesn't have anything resembling a heart yet!
LetMyPeopleVote
(144,919 posts)Link to tweet
While the lawsuit could come as soon as Thursday, its possible the timeline will be pushed back, according to The Wall Street Journal, which first reported the Justice Departments preparations. The Biden administration has faced building pressure to act after the Supreme Court allowed the law to take effect in a 5-4 decision.
The Justice Departments lawsuit is expected to argue that the Texas law illegally interferes with federal interests.
The new Texas law, SB 8, bans abortions once medical professionals can detect cardiac activity, usually around six weeks, before some women even know they are pregnant. The law places enforcement responsibilities on private parties, by incentivizing individuals who can recover $10,000 or more if they win a case against a party they accuse of performing or aiding in an abortion. By putting enforcement powers in the hands of private citizens, instead of state or local government officials, it leaves opponents of the bill without an obvious party to sue.
calimary
(81,110 posts)Heck, throw the WHOLE LIBRARY at em!
cstanleytech
(26,236 posts)as many federal agencies and personal as he can as that would really apply pressure to the state.
Hekate
(90,556 posts)Doesn't this kind of upset that narrative?
Go, Joe!
ShazzieB
(16,273 posts)I don't know what some people are going to talk about around here if they have to stop crticizing Joe and Merrick for "doing nothing!"
I guess they'll just have to settle for complaining that they're not doing "enough."
bucolic_frolic
(43,045 posts)States could enable vigilantes over anything - medicines, not carrying debt, voting democratic. I mean to say, it could get really weird and unimaginable. This is a 10 alarm fire.
ShazzieB
(16,273 posts)I mean, the whole thing is ridiculous and awful, but REWARDING people for spying on each other opens the door to SO many terrifying possibilities.