The Government of the President of the United States, Joe Biden, asked the Supreme Court on Monday to stop the application of a law in Texas that bans practically all abortions in that state.
In its petition, the Biden Government considers that Texas law goes against the legal precedent established in 1973 by the court itself in the case. “Roe against Wade”, which legalized abortion throughout the country.
The law in Texas, the second most populous state in the country, prohibits abortion from six weeks of gestation, when many women still do not know they are pregnant, and does not contain exceptions for cases of incest or rape.
In this regard, in the opinion of the Biden Executive, the legislation expressly challenges the precedent set by the “Roe v. Wade” case, which legalizes abortion up to six months, when it is considered that the fetus could survive outside the womb.
Because, The Government asked the Supreme Court to block this law in a preventive manner in the face of irreparable damage that it may cause to women and until the country’s courts adopt a final decision on its constitutionality.
Specifically, it calls on the Supreme Court to reverse the ruling ten days ago by the Fifth Circuit Court of Appeals, one of the most conservative in the country and which allowed the law to be reapplied after a lower court judge blocked it. for 48 hours.
The US Supreme Court is made up of nine judges, three progressive and six conservative, so Biden of the Democratic Party faces a difficult situation.
The Supreme Court itself allowed the law to take effect in September because it did not rule on an urgent request to block it from Texas clinics.
Texas law allows individuals to file civil lawsuits against anyone who assists a pregnant woman with an abortion if they believe she violates the ban and offers rewards of up to $ 10,000 to each plaintiff if she wins the lawsuit.
That system has so far allowed Texas authorities to evade responsibility for law enforcement, because the burden of implementation rests on those private citizens and not on the conservative leaders who pushed for the veto.
No other similar law that prohibits abortion at six weeks’ gestation, when the fetal heartbeat can be detected, has gone into effect in the United States.