Department of Justice Asks the U.S. Supreme Court to Block Texas SB 8

Part of the Biden Administration’s “Whole-of-Government” Response Supporting Abortion on Demand

WASHINGTON – On Monday, the U.S. Department of Justice filed a brief with the U.S. Supreme Court asking the Court to block Texas SB 8, also known as “The Heartbeat Act.” The Texas law is designed to protect unborn children whose hearts have begun to beat.

“This law has already saved hundreds of lives since going into effect,” said Carol Tobias, president of National Right to Life Committee (NRLC). “In no other area, from Kabul to the border crisis to inflation, has President Biden called for a whole-of-government response except in supporting abortion. Clearly, abortion is the single most important thing to the Biden administration. And the abortion industry’s unfettered onslaught against the most vulnerable among us—unborn babies—is shocking.”

Tobias continued, “The Biden administration’s unconditional support of the abortion industry shows just how far pro-abortion Democrats will go to curry favor with abortionists and abortion supporters.”

On September 1, the U.S. Supreme Court made the decision not to enjoin the law but to instead allow lower courts to explore the “complex and novel” questions the law raises. Their decision not to block implementation of the law allows the lower courts to examine the unique legal questions presented by this case. The High Court’s decision is consistent with proper legal procedures involving issues presented to them.

The request by the Biden administration to vacate the stay comes after the United States Court of Appeals for the Fifth Circuit stayed a preliminary injunction against the law. The preliminary injunction was issued by U.S. District Judge Robert Pitman on October 6 in response to a request from the Biden administration asking for the law to be blocked. 

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