The Justice Department’s uphill battle against Texas’ abortion ban

The Justice Department's uphill battle against Texas' abortion ban

Garland calls Texas abortion law ‘clearly unconstitutional’ 03:07 (CNN)In its lawsuit challenging Texas six-week abortion ban, the Justice Department is throwing a Hail Mary pass to get over the procedural stumbling backs that have thwarted other attempts to block the ban in court. The lawsuit, filed Thursday in a federal court in Austin , relies on a novel strategy in seeking to halt enforcement of the ban, which was designed specifically with the goal of evading review of federal courts. The arguments that the Justice Department is presenting on the merits — that the law violates Supreme Court constitutional precedent on abortion rights — are on solid ground. But the question is whether its lawsuit can get around the same procedural issues that doomed the earlier federal lawsuit brought by abortion clinics. Here’s what to know about the lawsuit: DOJ’s big ask: block Texas’ “agents, including private parties” from enforcing the ban Texas has so fair foiled efforts to block the law, known as SB8, from going into effect because of how the legislature crafted the ban’s enforcement mechanism. Instead of tasking government officials to enforce the ban — via criminal or regulatory punishments — the law deputizes private citizens to punish clinics, or anyone else who facilitates the procedure, for conducting an abortion banned by the law. They can do so by bringing private civil litigation in Texas state courts — litigation that includes the threat of at least $10,000 in damages and the potential for a court […]

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