The US Department of Justice has taken legal action against the state of Texas over a bill that the department says amounts to an effective ban on most abortions in the state.

Attorney General Merrick Garland said that the lawsuit was aimed at preventing Texas from enforcing Senate Bill 8 (SB8), which came into effect on 1 September.

The department is seeking a judgment that SB8 is invalid under the US constitution, is pre-empted by federal law, and violates the doctrine of inter-governmental immunity.

No exceptions

The US government is also requesting an order to prevent the state – including its officers, employees, and agents – from implementing or enforcing SB8.

“The act is clearly unconstitutional under long-standing Supreme Court precedent,” said the US Attorney General.

“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,” he added.

SB8 bans abortion at approximately six weeks in nearly all cases.

According to the US government complaint, it contains no exceptions for pregnancies that result from rape, sexual abuse, incest or for pregnancies involving a foetal defect incompatible with life after birth.