Justice Department sues Texas over abortion law

“The complaint goes beyond Roe v. Wade to encompass a structural attack on the basic design of the Texas Extraordinary Law,” Mr. Tribe sa...


“The complaint goes beyond Roe v. Wade to encompass a structural attack on the basic design of the Texas Extraordinary Law,” Mr. Tribe said. The structure of the law, he argued, is an outcome around landmark cases like Marbury v. Madison in 1803, which established the power of the Supreme Court to determine whether legislation and acts of the executive were in accordance with the Constitution.

“Even the Conservatives are inclined to protect the power of federal justice,” said Mr. Tribe.

But Mr Severino noted that when the Supreme Court chose not to block Texas law, it said a party could not sue unless it was an actual execution measure. which had been taken under the new law.

Mr Garland said Texas has not contested that the law violates Supreme Court precedent, which prohibits states from preventing a woman from determining whether to terminate a pregnancy.

Rather, Texas law effectively takes the state out of the equation. It isolates the state from all liability by delegating “all private citizens, without any evidence of personal connection or injury, to serve as bounty hunters authorized to recover at least $ 10,000 per claim from individuals who facilitate the exercise by a woman of her constitutional rights, ”said Garland.

“The obvious and expressly recognized intention of this legal regime is to prevent women from exercising their constitutional rights by thwarting judicial review,” he added.

Mr Garland also said Texas law exposed federal employees, including those in the Departments of Defense, Labor, and Health and Human Services, to civil liability if they exercised their service powers. abortion. He argued that this rendered the legislation invalid, both under the supremacy clause of the Constitution which prioritizes federal law over state law and under the 14th Amendment guarantees of equal protection. .

Ms Richards said abortion rights advocates and women’s health organizations were moving quickly to help women in Texas who were seeking abortions, including helping them leave the state if they wished. “I am sure that we will see in the weeks to come stories about the cruelty and the harmfulness of this situation for the people of Texas,” she said.

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Newsrust - US Top News: Justice Department sues Texas over abortion law
Justice Department sues Texas over abortion law
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