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The Biden administration is gearing up to sue Texas over its abortion legislation, a new report says


  • The Biden administration is preparing to sue Texas over its legislation banning abortions, The Wall Street Journal reported.
  • Last week, the Supreme Court allowed a law to take effect in Texas banning abortions after six weeks of pregnancy.
  • AG Merrick Garland pledged Monday that the Justice Department would protect abortion seekers and providers in Texas.

The Biden administration is preparing to sue Texas over its new legislation banning most abortions, The Wall Street Journal reported Wednesday.

Last Wednesday, the Supreme Court let the Texas abortion law, dubbed the Texas Heartbeat Act (SB 8), take effect, effectively banning abortion after six weeks of pregnancy. Democrats and abortion-rights groups have since been pushing President Joe Biden and his administration to take action against restrictive legislation.

Earlier this week, Attorney General Merrick Garland pledged that the department would protect abortion seekers and providers in Texas, citing the Freedom of Access to Clinic Entrances (FACE) Act. He said federal law enforcement will get involved if an abortion clinic or reproductive health center is “under attack.”

“We will continue to protect those seeking to obtain or provide reproductive health services,” Garland said in a statement Monday.

“We will not tolerate violence against those seeking to obtain or provide reproductive health services, physical obstruction, or property damage in violation of the FACE Act,” Garland continued.

The Justice Department could file a lawsuit against the state as soon as Thursday, sources told The Journal. It is not immediately clear if the lawsuit is part of Garland’s promise of protection made earlier this week. One of the sources told The Journal that the Justice Department also plans to pursue an argument that the legislation unlawfully interferes with federal interests, but did not specify in what way it interferes.

Representatives from the White House and the Justice Department did not immediately return Insider’s request for comment.



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