The Justice Department is heading back to the Supreme Court over Texas’ abortion law

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The Texas state Capitol is seen on Oct. 2. The Justice Department is suing over the state’s restrictive abortion law and heading back to the Supreme Court to seek a halt to it while legal proceedings continue.

Montinique Monroe/Getty Images

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Montinique Monroe/Getty Images

What The Texas Abortion Ban Does — And What It Means For Other States

The Justice Department also takes aim at the bill’s novel means of enforcement: It allows private citizens to bring civil suits against anyone who helps a woman get an abortion, and to collect at least $10,000 in damages if they prevail in court.

The department says the enforcement mechanism is really an unconstitutional attempt to sidestep judicial review to prevent patients and providers from challenging the law in federal court.

It’s unclear how the Supreme Court will rule in the latest appeal. Last month, in a 5-4 vote, it refused to block the law. But the court’s decision at the time left open the option for abortion providers to challenge the Texas law in other ways in the future, meaning the case possibly — or even likely — will return to the Supreme Court, though not for months or longer.

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