Hirono on Texas' restrictive abortion law: 'Collective action is needed to defend our rights'

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The Biden administration is suing Texas to attempt to block the most restrictive abortion law in the U.S. | stock photo

U.S. Sen. Mazie Hirono (D-Hawaii) is speaking out against a restrictive abortion law that recently went into effect in Texas.

The U.S. Department of Justice announced that it has sued Texas over the law, which bans abortions in the state if a fetal heartbeat is detected. This typically happens around six weeks of pregnancy, when some women may not yet realize they are pregnant. By choosing a time limit of six weeks, Texas is essentially banning most abortions within its borders. The law also allows private citizens to take legal action against anyone who helps a woman terminate her pregnancy.

"Voting rights, abortion rights -- what's next on Texas legislators' constitutional hit list? In suing Texas, we finally have an attorney general who protects our constitutional rights and the rule of law. But make no mistake: Collective action is needed to defend our rights," Hirono said in a Sept. 9 Tweet.

The law took effect on Sept. 1, according to a press release from the United States Department of Justice. 

According to the Department of Justice, the lawsuit seeks a declaratory judgment that the law is invalid under the Supremacy Clause and the 14th Amendment, is preempted by federal law and violates the doctrine of intergovernmental immunity. 

"The Act is clearly unconstitutional under longstanding Supreme Court precedent," Attorney General Merrick Garland said, according to the Department of Justice press release. "The United States has the authority and responsibility to ensure that no state can deprive individuals of their constitutional rights through a legislative scheme specifically designed to prevent the vindication of those rights."

The case has been assigned to District Court Judge Robert L. Pitman, according to The Washington Post.

Texas enacted Senate Bill 8 "in open defiance of the Constitution by banning abortion at approximately six weeks in nearly all cases," according to the lawsuit from the U.S. Department of Justice.