The Biden administration filed a legal challenge on Thursday against the law recently passed by Texas, which imposed a near-total ban on all abortion procedures in the conservative state. Attorney General Merrick Garland stated in a press conference that the challenge seeks to overturn this law that went into effect on September 1, which has been strongly criticized by the Democratic president. He added, "It is clear that it is unconstitutional in light of the judicial rulings issued by the Supreme Court."
Garland explained that "the Department of Justice is responsible for defending the Constitution of the United States and the rule of law, and today we are fulfilling that duty by submitting this challenge," affirming that the decision was made "after reviewing the law and the facts" and not under any "political pressure."
The Texas law prohibits abortion as soon as a fetal heartbeat can be detected, which typically occurs around the sixth week of pregnancy; however, most women may not be aware that they are pregnant at this early stage. Additionally, the law does not provide for any exceptions in cases of incest or rape, only in cases of medical emergencies.
The U.S. Supreme Court has guaranteed a woman's right to voluntarily terminate her pregnancy as long as the fetus is not viable outside the womb, which is approximately up to 22 weeks into the pregnancy. However, the Court has so far declined to consider the Texas law, citing "procedural issues."
Indeed, the Texas law includes an unprecedented provision that complicates federal court intervention, as the enforcement of its provisions is not the responsibility of the authorities but is "exclusively" left to individuals, who are encouraged by the law to file civil suits against organizations or individuals who assist women in obtaining abortions.
A week ago, Biden criticized the Supreme Court's decision not to currently review this law, promising an "immediate response" from his administration, indicating that he would take "actions to ensure women's right in Texas to access safe and legal abortions."
