The Biden administration on Monday asked the Supreme Court to intervene and suspend a Texas law that has banned most abortions there.
The Justice Department filed an emergency appeal that asks the justices to put the Texas law on hold and to eventually declare it unconstitutional.
The move, while expected, sets the stage for another battle over abortion before a more conservative court.
On Dec. 1, the court will hear arguments in a case from Mississippi, which adopted a 15-week limit on abortion. The state’s lawyers are asking the court to overturn the 1973 ruling Roe vs. Wade and the right to abortion.
In Monday’s appeal, the acting solicitor general said the high court should not allow a state to ignore its past rulings, which have repeatedly said pregnant women may choose abortion up to the point of fetus viability, usually considered about 24 weeks. He said a district judge in Austin had properly suspended enforcement of the Texas law.
On Thursday, the 5th Circuit by a 2-1 vote issued a one-paragraph order setting aside that ruling.
The Texas Heartbeat Act, known also as SB 8, makes it illegal for doctors to perform abortions after six weeks of pregnancy, but its enforcement was left to private lawsuits.
The administration’s appeal raises a significant question of legal procedure. At issue is whether the U.S. government can sue a state for violating the constitutional rights of its people.
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