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The policy spells out situations in which officers have an "affirmative duty" — to prevent or stop other officers from using excessive force, and to render or call for medical aid when it's needed.
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This decision to appeal comes just two days after U.S. District Judge Kathryn Kimball Mizelle ruled against the federal mask mandate.
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The lawsuit marks the third time the Biden administration has targeted Texas over changes to political maps or voting laws.
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The high court dismissed the U.S. Department of Justice's request to block the law.
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The Department of Justice alleges lawmakers discriminated against Latino and Black voters when they redrew the maps this year.
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The Department of Justice argues the law contains several provisions that “will disenfranchise eligible Texas citizens who seek to exercise their right to vote.” It's the second lawsuit the agency has filed against the state this year.
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Castro and 25 other members of Congress argued in a letter that the policy is likely illegal, and wanted an investigation into the state's treatment of migrants crossing the border.
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Federal officials argue Senate Bill 8 defies the legal precedent set by Roe v. Wade. The law is the most restrictive abortion ban in the country.
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The Justice Department wants the high court to put the restrictive law on hold during ongoing legal challenges. The U.S. government says the legislation is unconstitutional.
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The judge will hear arguments over whether the implementation of Senate Bill 8 should be put on hold pending a ruling on its constitutionality.