Justice Department asks Supreme Court to halt enforcement of Texas abortion law

Washington — The Justice Department on Monday asked the Supreme Court to block enforcement of a Texas law that bans most abortions while a legal battle over its constitutionality continues in the lower courts.

The Biden administration said Friday that it planned to ask the high court to intervene in its dispute with the state of Texas over the law, which prohibits abortions after embryonic cardiac activity is detected, usually at about six weeks and often before someone is aware they are pregnant. The Justice Department formally asked the Supreme Court to halt enforcement of the measure, known as S.B. 8, in a filing on Monday, arguing Texas "successfully nullified this court's decisions within its borders."

"Texas designed S.B. 8 to violate the Constitution, as interpreted by this court, and to thwart judicial review — both by forswearing enforcement by the state's executive officials, in an effort to avoid pre-enforcement review, and by designing S.B. 8 suits to frustrate post-enforcement review," acting Solicitor General Brian Fletcher wrote in the filing.