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Pro-Abortion rights protesters march outside the Texas State Capitol on Sept. 1 in Austin, Texas. Photo: Sergio Flores For The Washington Post via Getty Images

The Department of Justice submitted an emergency motion late Tuesday seeking a temporary restraining order or preliminary injunction on Texas' ban on abortions after six weeks.

Why it matters: The action marks an escalation by the Biden administration in its challenge on the constitutionality of the GOP-led state's restrictive new law, after the DOJ filed a lawsuit last week following the U.S. Supreme Court's decision, in a 5-4 vote, to allow the ban to remain in place.

  • The law that took effect on Sept. 1 following the ruling is the most restrictive abortion ban allowed to be enforced since the Supreme Court's landmark 1973 Roe v. Wade ruling that legalized abortion nationwide.

What they're saying: The DOJ argues in its filing, submitted to the U.S. District Court in Austin, Texas, that the law, known as Senate Bill 8, was passed "to prevent women from exercising their constitutional rights."

  • "This relief is necessary to protect the constitutional rights of women in Texas and the sovereign interest of the United States," the statement added.

Read the emergency motion, via DocumentCloud:

Go deeper: Texas banned abortion after 6 weeks. Here’s what happens next

Editor's note: This article has been updated with new details throughout.

Go deeper

11 hours ago - Health

First Texas doctor sued for performing abortion in violation of new law

Abortion rights activists march to the house of US Supreme Court Justice Brett Kavanaugh in Chevy Chase Maryland, on Sept. 13, 2021, following the court's decision to uphold a stringent abortion law in Texas. Photo: Nicholas Kamm/AFP via Getty Images

A San Antonio physician is facing a lawsuit after he admitted performing an abortion considered illegal under Texas' new law.

Why it matters: The civil suit, filed by a convicted felon in Arkansas, against Alan Braid is the first such suit under the law that allows private citizens to sue anyone who helps a pregnant person obtain an abortion after six weeks.

Texas doctor says he performed an abortion in violation of state law

Pro-choice protesters march down Congress Avenue and back to the Texas state capitol in Austin, Texas, in July 2021. Photo: Erich Schlegel/Getty Images

A Texas doctor disclosed in an op-ed in the Washington Post on Saturday that he has performed an abortion in violation of the state's restrictive new abortion law, which effectively bans the procedure after six weeks.

Why it matters: Alan Braid's op-ed is a direct disclosure that will very likely result in legal action, thereby setting it up as a potential test case for how the abortion ban will be litigated, notes the New York Times.

Sep 19, 2021 - Politics & Policy

Scoop: Sources say Beto plans Texas comeback in governor’s race

Former U.S. Rep. Beto O'Rourke speaks during the Georgetown to Austin March for Democracy rally on July 31, 2021, in Austin, Texas. Photo: Brandon Bell/Getty Images

Former Rep. Beto O’Rourke is preparing to run for governor of Texas in 2022, with an announcement expected later this year, Texas political operatives tell Axios.

Why it matters: O'Rourke's entry would give Democrats a high-profile candidate with a national fundraising network to challenge Republican Gov. Greg Abbott — and give O’Rourke, a former three-term congressman from El Paso and 2020 presidential candidate and voting rights activist, a path to a political comeback.