Fighting Texas abortion law could be tough for federal gov't
WASHINGTON (AP) — Foes of the new Texas law that bans most abortions have been looking to the Democratic-run federal government to swoop in and knock down the most restrictive abortion law in effect in the country. But it's nowhere near that simple.
President Joe Biden , who denounces the law as “almost un-American,” has directed the Justice Department to try to find a way to block its enforcement. And Attorney General Merrick Garland says his prosecutors are exploring all possible options. But legal experts warn that while the law may ultimately be found unconstitutional, the way it's written means it'll be an uphill legal battle.
Known as SB8, the new state law prohibits abortions once medical professionals can detect cardiac activity — usually around six weeks, before some women know they’re pregnant. Courts have blocked other states from imposing similar restrictions, but Texas’ law differs significantly because it leaves enforcement to private citizens through civil lawsuits instead of criminal prosecutors.
Pressure is mounting not only from the White House but also from Democrats in Congress, who want Garland to somehow take action. Nearly two dozen lawmakers wrote to him Tuesday calling for the “criminal prosecution of would-be vigilantes attempting to use the private right of action established by SB8.”
But what action can the Justice Department take? How?
So far, the attorney general has said only that federal officials will not tolerate violence against anyone who is trying to obtain an abortion in Texas. At the forefront of that plan is enforcement of the Freedom of Access to Clinic Entrances Act.
That law, commonly known as the FACE Act, normally prohibits physically obstructing access to abortion clinics by blocking entrances or threatening to use force...
