Texas Attorney General Ken Paxton has urged a powerful federal appeals court to allow a state law that bars abortion after the detection of a fetal heartbeat to remain in effect while legal challenges play out.
The new briefs are the latest salvo from Texas that is defending against a lawsuit brought by the Department of Justice. The federal appeals court could act at any time, although it may make a few days to write an opinion that will likely be reviewed by the Supreme Court.Paxton argues that the Biden administration does not have the legal right to bring suit in the case, even if the law were crafted in a way to avoid review in federal court.
" What abortion access looks like in America even before the Supreme Court reconsiders Roe v. WadeA key issue in the case is whether the federal government has the legal right or"standing" to bring the challenge. The DOJ says it does, in part, because private individuals bringing suit are acting as agents of the state and the government has the power to protect the fundamental rights of its citizens.But Paxton says the federal government doesn't have the right to step in.
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