WASHINGTON — The Justice Department asked a federal judge late Tuesday to issue an order that would prevent Texas from enacting a law that prohibits nearly all abortions, ratcheting up a fight between the Biden administration and the state’s Republican leaders.
The Justice Department argued in its emergency motion that the state adopted the law, known as Senate Bill 8, “to prevent women from exercising their constitutional rights,” reiterating an argument the department made last week when it sued Texas to prohibit enforcement of the contentious new legislation.
“It is settled constitutional law that ‘a state may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability,’” the department said in the lawsuit. “But Texas has done just that.”