The administration of US President Joe Biden has challenged the law recently passed by the state of Texas, which imposed a near-total ban on all abortions in the “conservative” state.
Attorney General Merrick Garland said in a press conference Thursday that the appeal asks the court to invalidate the law, which went into effect on September 1, and was strongly condemned by Democratic President Joe Biden.
The minister added: “It is clear that it (the law) is unconstitutional, in light of the judicial rulings issued by the Supreme Court.”
“The Department of Justice is responsible for defending the Constitution of the United States and the rule of law, and today we are fulfilling this duty by submitting the appeal,” Garland explained, stressing that the department took this step “after examining the law and facts,” and not under any political “pressure.”
A Texas law bans abortion as soon as the fetus’s heartbeat can be monitored, which usually occurs in the sixth week of pregnancy; However, most women may not be aware that they are pregnant at this early stage of their pregnancy.
Also, the law does not provide for any exception, if the pregnancy was caused by incest or rape, but only in the case of a medical emergency.
The US Supreme Court guarantees a woman’s right to voluntarily terminate her pregnancy, as long as her fetus is unable to survive outside her womb, that is, up to about 22 weeks from the start of pregnancy. But the court has so far refused to consider Texas law, citing “procedural issues”.
Indeed, the Texas law includes an unprecedented procedure, which complicates the intervention of the federal courts; It is not up to the authorities to ensure the implementation of its effects, but rather it is “exclusively” the prerogative of individuals who are encouraged by law to file a civil complaint against organizations or individuals who help women to have an abortion.
Guaranteeing women’s rights
A week ago, Biden criticized the Supreme Court’s decision not to consider this law, and promised an “immediate response” from his administration, noting that he had ordered “measures to ensure the right of women in Texas to have safe and legal access to abortion.”
The law was widely condemned by the American community, in which stars from the world of cinema, sports and music participated, such as singers Pink and Cyndi Lauper, actresses Kerry Washington, Eva Longoria, Reese Witherspoon, tennis star Martina Navratilova and others.
The right to abortion still deeply divides the United States. According to a poll conducted by NBC last Wednesday, 54% of Americans believed that abortion should be a legal right, while 42% considered that it should be illegal.