Biden government sued Texas for anti-abortion law

The U.S. Attorney General announced Thursday, September 9, that he has filed a lawsuit against Texas for the annulment of a law that bans virtually all abortions in that conservative state.

To read also the Anti-abortion Law in Texas: understand everything in the ongoing legal battle

The law, whose entry into force on 1 September was strongly denounced by the Democratic President, "is clearly unconstitutional in the light of the jurisprudence of the Supreme Court," Justice Minister Merrick Garland said at a press conference. "it is the responsibility of the Department of Justice to defend the Constitution of the United States and the rule of law, and today we are fulfilling this duty by filing a complaint," he added, assuring that he acted "after a review of the law and the facts" and not under political "pressure".

No exception in cases of incest or rape

Texas law prohibits abortion once the heartbeat of the embryo is detected, about six weeks before pregnancy, when most women do not know that they are pregnant. It does not provide for exceptions in cases of incest or rape, but only in cases of medical emergency.

Read also: U.S. Department of Justice promises to protect Texas clinics

The United States Supreme Court has guaranteed women's right to abortion as long as the fetus is not viable, that is, around 22 weeks of pregnancy. However, it refused to intervene on the Texan file for the time being, citing "procedural issues". In fact, Texas law contains a new mechanism, which complicates the intervention of federal courts: it is not up to the authorities to enforce the measure, but "exclusively" to citizens, who are encouraged to file civil complaints against organizations or individuals who assist women with abortions.

A week ago, Joe Biden criticized the Supreme Court's decision not to suspend the law and promised "an immediate response" from his government, to which he had ordered "measures to ensure that Texas women have safe and lawful access to abortion."