DOJ Sues Texas, Says New Abortion Law
Was Enacted ‘In Open Defiance of
the Constitution'
Associated Press,
by
Staff
Original Article
Posted By: Dreadnought,
9/9/2021 3:43:38 PM
The Justice Department is suing Texas over a new state law that bans most abortions, arguing that it was enacted "in open defiance of the Constitution."
The lawsuit, filed Thursday in federal court in Texas, asks a federal judge to declare that the law is invalid, "to enjoin its enforcement, and to protect the rights that Texas has violated."
The Texas law, known as SB8, prohibits abortions once medical professionals can detect cardiac activity -- usually around six weeks before some women know they're pregnant. Courts have blocked other states from imposing similar restrictions, but Texas' law differs significantly because it leaves enforcement to private citizens
Reply 1 - Posted by:
shredmaster 9/9/2021 3:50:24 PM (No. 909084)
FTA:
The Texas law, known as SB8, prohibits abortions once medical professionals can detect cardiac activity -- usually around six weeks before some women know they're pregnant.
So the APee is now a medical expert on when women know they are pregnant?
This will wind up back in the Supreme Court's lap. Since when is the corrupt Justice Dept the arbiter of what is Constitutional or not?
25 people like this.
Reply 2 - Posted by:
Maggie2u 9/9/2021 4:00:44 PM (No. 909094)
I'm kind of curious. It seems to me the argument he's using to keep abortion legal because it's Constitutional, would also apply to any laws restricting ownership of guns which is very obviously in the Constitution. Not some made up reason like abortion was.
22 people like this.
Where does the Federal Executive Branch have standing in a case that was "reviewed" and left standing by SCOTUS? I don't see any. Of course, after arranging for a friendly judge...
18 people like this.
Reply 4 - Posted by:
chance_232 9/9/2021 4:10:56 PM (No. 909105)
Which amendments are and how are they violated?
And this clown was nominated to the Supreme Court??
20 people like this.
Reply 5 - Posted by:
bpl40 9/9/2021 4:13:50 PM (No. 909107)
Where in the Constitution does it says that Roe v Wade is constitutional? The so called "right to privacy" can nowhere be found except in the figment of Liberal Justices' imagination The so called penumbra is based on Griswold and is fundamentally suspect. Time has come to question and overhaul this entire rotten superstructure..
26 people like this.
Reply 6 - Posted by:
bobmadison 9/9/2021 4:17:03 PM (No. 909111)
In so many, many, many ways the U.S. is paying a big price for it's sin.
23 people like this.
Reply 7 - Posted by:
bighambone 9/9/2021 4:25:44 PM (No. 909118)
What will the Biden and the Democrats do if the Supreme Court decides, after the case hits their desk, and after they have read through the US Constitution a number of times and they can’t seem to find anyplace in that Constitution that provides that anyone has a constitutional right to an abortion?
18 people like this.
Reply 8 - Posted by:
red1066 9/9/2021 4:27:36 PM (No. 909120)
The Supreme Court didn't seem to have a problem with it.
12 people like this.
Reply 9 - Posted by:
snapper451 9/9/2021 4:30:48 PM (No. 909124)
#1 - Thank goodness Mitch McConnell kept Garland, a true political hack, off the Supreme Court.
#2 - Please show me where “abortion” is mentioned in the US Constitution. Not in mine.
19 people like this.
Reply 10 - Posted by:
Elljay 9/9/2021 4:58:20 PM (No. 909161)
Be careful what you ask for, DOJ. Roe v. Wade, a 5-4 decision, could well be axed to death by a different 5-4 decision.
13 people like this.
Reply 11 - Posted by:
mathman 9/9/2021 5:00:21 PM (No. 909165)
Abortion is in the constitution.
The authority to inoculate everyone is in the constitution.
The right to take private property is in the constitution.
The right to harvest ballots is in the constitution.
The right to elect a senile demented person is in the constitution.
The right to give money to terrorists is in the constitution.
Voter ID is prohibited in the Constitution.
Protecting our borders is unconstitutional.
Protecting us from terrorists is unconstitutional.
Mean tweets are prohibited.
I want to see this document.
It is certainly not the one I studied in school.
26 people like this.
Reply 12 - Posted by:
SALady 9/9/2021 5:07:16 PM (No. 909177)
I have read the Constitution on numerous occasions.
I have never seen the word "abortion" anywhere in the Constitution. What it does clearly say is that any power not specifically given to the federal government by the Constitution is give to the states!!!
That should be the end of that lawsuit. But given how wishy-washy the current supposedly "conservative" majority is in the SCOTUS, that probably doesn't matter in the least.
12 people like this.
Reply 13 - Posted by:
6079 Smith, W 9/9/2021 5:54:19 PM (No. 909202)
The Texas law IS in the Constitution. It can be found in the 'penumbras and emanations' clause.
4 people like this.
Show me where abortion is a Constitutionally protected act, Comrade Garland.
I'll wait.
8 people like this.
Reply 15 - Posted by:
udanja99 9/9/2021 6:26:40 PM (No. 909233)
If you want to discuss something that is “in open defiance of the Constitution” how about we start with HR1?
8 people like this.
Reply 16 - Posted by:
SkeezerMcGee 9/9/2021 6:37:12 PM (No. 909248)
The fact that the U.S. Supreme Court did not enjoin the Texas statute is legally irrelevant.
The Texas statute cannot be "in open defiance of the Constitution" as the text of the Constitution is silent regarding abortion. The Texas statute may be (?) in defiance of some parts of certain SUPREME COURT OPINIONS (Roe v. Wade and its progency).
Clearly there are serious issues regarding (a) fetal viability, (b) the scope of the Texas statute's exceptions to Texas' abortion restrictions, and (c) the absence of "state action" (resulting from barring enforcement by Texas' governmental entities, etc.).
It's seems probable that Texas' limiting enforcement to individuals' lawsuits (to avoid state action) is doomed to fail.
1 person likes this.
Reply 17 - Posted by:
padiva 9/9/2021 6:41:50 PM (No. 909256)
Think 10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
6 people like this.
Reply 18 - Posted by:
Maggie2u 9/9/2021 6:59:20 PM (No. 909281)
Poster #9, I never said that abortion was in the Constitution. I'm very much against it, probably longer than you've been alive. We demonstrated against abortion in the summer of 1970 in Seattle because an initiative legalizing it was on the November ballot. Unfortunately, it did pass and since January 1971 in Washington state it's been legal to kill babies.
1 person likes this.
Reply 19 - Posted by:
columba 9/9/2021 7:33:15 PM (No. 909318)
One more reason to admit that Biden lost to Mr Trump.
Even the head appointee to the Department of Justice is unable to read the Constitution.
4 people like this.
I would like to see the DoJ's written understanding of the 10th Amendment...
4 people like this.
Reply 21 - Posted by:
DVC 9/9/2021 11:13:36 PM (No. 909505)
Well, yeah, EVERYONE knows that the Founding Fathers were very careful to specifically write into the Constitution the right to murder your baby.
/s off
Not in an way shape or form is this in the Constitution.
1 person likes this.
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