The controversial anti-abortion bill recently passed in Texas triggered pro-abortion Democrats and activists in a big way — to the degree that it caught the immediate attention of President Joe Biden’s Justice Department, which immediately went after the state.
But according to The Daily Wire, Biden’s DOJ took yet another loss in its attempt to sideline the legislation after the U.S. Court of Appeals for the Fifth Circuit refused to grant an injunction, ruling that the Texas abortion bill can stand as it is.
Pro-abortion advocates and the Biden administration were able to manage a very temporary victory earlier this month after a federal judge issued a 48-hour injunction against the bill.
“From the moment S.B. 8 went into effect, women have been unlawfully prevented from exercising control over their own lives in ways that are protected by the Constitution. … This Court will not sanction one more day of this offensive deprivation of such an important right,” wrote U.S. District Judge Robert Pitman.
Pitman’s ruling was quickly overturned by a panel of judges for the Fifth Circuit Court of Appeals, in a 2–1 decision.
While Texas Gov. Greg Abbott (R), and the Republicans who supported the bill in the state’s legislature are celebrating the appeals court intervention, according to NPR, Biden’s DOJ isn’t quite done yet.
“The Justice Department intends to ask the Supreme Court to vacate the Fifth Circuit’s stay of the preliminary injunction against Texas Senate Bill 8,” said Anthony Coley in a statement, a DOJ spokesman.
As NPR reported, Biden’s DOJ believes the bill, which bans abortions after six weeks of pregnancy, “violates the Supremacy Clause as well as the equal protection afforded under the 14th Amendment. It also says it violates U.S. Supreme Court precedent.”
It was only last month that the Supreme Court first refused to block the Texas bill in a 5–4 vote, which was a request also filed by Biden’s DOJ. However, that particular SCOTUS decision left open the possibility for abortion providers and other groups to challenge the controversial new law, though it was noted that it could be months, at the soonest, before the high court decides whether or not to hear the case again.