The law was allowed to stand in force hours earlier by a divided high court in the middle of the night. This is the country’s largest curb on abortion rights since 1973 Roe V. Wade, when the court declared that women have a constitutional right of abortion.
The court voted 5-4 to deny an emergency appeal from abortion providers and others but also suggested that their order likely wasn’t the last word and other challenges can be brought.
Biden stated in a statement that his administration would launch a “whole of government effort to respond” to the decision and examine “what steps federal government could take to ensure Texas women have safe and legal abortions, as protected under Roe.”
Merrick Garland, Attorney General, stated in a statement that the Justice Department was deeply concerned about Texas’ law and is “evaluating all options for protecting the constitutional rights of women,” including access to abortion.
Biden, who has come under pressure from Democrats to expand the size of the Supreme Court, has ordered a review of the court that is due next month.
Republican Governor Greg Abbott signed the Texas law. Greg Abbott signed the Texas law in May. It prohibits abortions after medical professionals detect cardiac activity. This is usually six weeks before most women realize they are pregnant.
This law is part a larger push by Republicans to impose more restrictions on abortion. Twelve other states have also passed bans on abortion early in pregnancy. However, all of them have been stopped from taking effect.
Just before midnight on Wednesday, the Texas law was halted by the high court. According to the majority, the plaintiffs in the case did not have the burden necessary for the law to be stayed.
“We stress that this decision does not resolve any substantive or jurisdictional claim in the applicant’s lawsuit. This order does not draw any conclusions about Texas’s constitutionality and it does not limit other procedurally correct challenges to Texas law, even in Texas state courts,” the unsigned document stated.
Along with the three liberal justices, Chief Justice John Roberts voted no. Each of the four made a statement disapproving the majority.
