法律の下で, abortion is prohibited when a fetal heartbeat is detected, and there is no exception for rape or incest — although there is an exemption for “medical emergencies.”
“Texas’s law delegates to private individuals the power to prevent a woman from obtaining an abortion during the first stage of pregnancy,” Breyer wrote in dissent. “But a woman has a federal constitutional right to obtain an abortion during that first stage.”
He told NPR that the Texas case should not have been decided on an emergency basis, しかし言った, “We’ll see what happens in that area when we get a substantive matter in front of us” 将来は.
それでも, by letting the law take effect, the conservative majority may already have tipped its hand on whether it is poised to reverse or at least undercut Roe v. ウェイド, the ruling that declared women’s constitutional right to end a pregnancy.
The Biden Justice Department on Thursday sued the state of Texas over the new six-week abortion ban
, calling it unconstitutional
Announcing the lawsuit at a news conference in Washington, Attorney General Merrick Garland said the Texas law’s “前例のない” design seeks “to prevent women from exercising their constitutional rights by thwarting judicial review for as long as possible.”
“The act is clearly unconstitutional under longstanding Supreme Court precedent,” Garland said.