US Justice Department sues Texas over abortion ban as Joe Biden vows to challenge new law

The state has prohibited abortion after six weeks of pregnancy, before many women even realise they are pregnant

The US Supreme Court has let the law stand, leading to fears that the right to abortion established by Roe v. Wade may be at risk

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A protester dressed as a handmaid holds up a sign outside the Texas state capitol in Austin in May. Photo: TNS

Published: 3:24am, 10 Sep 2021Updated: 8:05pm, 10 Sep 2021

US President Joe Biden‘s administration on Thursday sued Texas, seeking to block enforcement of a new law almost entirely banning abortion in the state, as Democrats fear the right to abortion established almost 50 years ago may be at risk.

The US Supreme Court last week let stand the Texas law banning abortion after about six weeks of pregnancy, before many woman realise they are pregnant.

Although that decision did not address the constitutionality of the Texas law, it nevertheless represented a major victory for social conservatives who have been trying to ban abortion since the court‘s 1973 Roe v. Wade decision established the constitutional right to the procedure.

Attorney General Merrick Garland called the Texas law “clearly unconstitutional”.

Abortion rights activists protest outside the US Supreme Court in March 2020. Photo: TNS

“This kind of scheme to nullify the Constitution of the United States is one that all Americans, whatever their politics or party, should fear,” Garland said. “If it prevails, it may become a model for action in other areas by other states.”