By Mary C. Carter - NBC News
The US Department of Justice requested late Tuesday an immediate injunction to block Texas' restrictive anti-abortion law, which effectively bans most abortions.
The petition, filed in the US District Court for the Western District of Texas, alleges that the law is an "unprecedented plan" that seeks to deny women and abortion clinics the ability to challenge the rule in federal courts and is unconstitutional.
["Has consequences for life." What happens when someone who wishes to have an abortion cannot?]
The Justice Department requested a temporary restraint or preliminary injunction to "protect the constitutional rights of Texas women," the US interests in ensuring that states adhere to the Constitution, and federal agencies and employees whose legal actions would be prohibited by law.
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A lawsuit filed last week questions the state ban on all abortions after fetal heart activity is detected, which occurs before most women know they are pregnant, at approximately six weeks.
It has no exceptions for cases of rape, sexual abuse, or incest.
It also allows citizens to sue doctors who perform abortions prohibited by law, women who try to have an abortion, or anyone who helps them.
The US Supreme Court refused to block the law, known as SB 8, which took effect on September 1.
Medical team at a Whole Woman's Health abortion clinic in San Antonio, Texas, Tuesday, Feb. 16, 2016. Matthew Busch / Bloomberg via Getty Images
Last week, President Joe Biden promised a "whole of government" response to try to safeguard access to abortion in Texas.
He ordered an assessment of what "legal tools we have to insulate women and clinics from the impact of Texas' bizarre scheme of outsourcing law enforcement to private hands."
On Monday, a state district judge issued an order temporarily blocking Texas Right to Life from suing Planned Parenthood of Texas and its abortion providers under SB 8.
[The baby who changed US history reveals her identity and talks about abortion]
Judge Karin Crump of the 250th District Court ruled that the anti-abortion group cannot file a lawsuit against Planned Parenthood until a final judgment is rendered in the Justice Department lawsuit.
Crump considered that Planned Parenthood could suffer irreparable harm without the court order and that the Department of Justice is likely to prevail in its lawsuit, which would block the law permanently.
The magistrate set the trial for April 4, 2022.