Justice Department expected to sue Texas to block abortion law
The Biden administration launched a broad legal attack on the new Texas antiabortion law, declaring Thursday the state has no authority to defy the Constitution and deprive women of their rights.
Other states have attempted unsuccessfully to pass similar bans, but what distinguishes this one is that rather than giving the state responsibility, it essentially taps private citizens to enforce it, allowing them to sue medical professionals or others who assist in an abortion. Usually, the government points to a federal law and sues someone for violating it. In this instance, however, the Justice Department took the big-picture approach. It said the Constitution protects individual rights, including the right to abortion, adding that federal law is “supreme” and overrides or preempts state law.
“The United States has the authority and the responsibility to ensure that no state can deprive individuals of their constitutional rights through a legislative scheme specifically designed to prevent the vindication of those rights,” Garland said Thursday.
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