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DOJ ask 5th District Court of Appeals to halt Texas Heartbeat Law

by | Oct 12, 2021

By Dave Andrusko

In the latest tit for tat, responding to a decision by the 5th District Court of Appeals, the Biden-Harris Department of Justice has asked the Court to halt implementation of the Texas Heartbeat Law. 

On Friday, the Court granted an administrative “stay” that allowed the law to again go into effect, following U.S. District Judge Robert Pitman’s 113 page decision to grant a temporary injunction against S.B. 8 on Wednesday.

According to National Review Online’s Zachery Evan, the Justice Department maintained

By both defying the Constitution and frustrating judicial review, Texas has not merely protracted its assault on the rights of its citizens; it has repudiated its obligations under our national compact in a manner that directly implicates sovereign interests of the United States. …

If Texas’s scheme is permissible, no constitutional right is safe from state-sanctioned sabotage of this kind.

What makes the Texas Heartbeat Law different is that S.B. 8 allows residents to sue anyone who aids a woman in procuring an abortion. Women who have had an abortion performed are immune.

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