DOJ pushes to put the Texas abortion ban back in the hands of the Supreme Court

​U.S. Supreme Court, 2021
U.S. Supreme Court, 2021

The Biden Dept. of Justice will formally ask the U.S. Supreme Court to block Texas' near-total ban on abortion, one many legal experts say is unconstitutional.

CNN reports the DOJ will make the formal request to block implementation of the law "while legal challenges play out, a department spokesperson said Friday."

The DOJ has been filing requests with lower courts, but in an unusual set of circumstances the Fifth Circuit, one of the nation's most conservative courts of appeal, has sided with the State of Texas instead of judges who have moved to block the new type of law.

This will be seen as a test of the 6-3 majority conservative Supreme Court, that repeatedly bent to then-President Donald Trump's frequent requests, as he bypassed lower courts frequently to implement his polices that were often challenged by civil rights groups.

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