President Joe Biden’s Attorney General Merrick Garland issued a statement today on the Texas ‘Heartbeat Bill’ that was passed to ban abortions after six weeks and also setup a way for residents to report those who attempt one.
Garland vowed to “protect the constitutional rights of women and other persons” in Texas to have an abortion.
One way that Garland said his department could do so involves powers that he believes are granted to the DOJ under the Freedom of Access to Clinic Entrances (FACE) Act of 1994.
As Texas Public Radio noted, the FACE Act prohibits the use or threat of force and physical obstruction that injures, intimidates, or interferes with a person seeking to obtain or provide reproductive health services and it also prohibits intentional property damage of a facility providing reproductive health services.
Merrick Garland just announced that the DOJ will protect women seeking abortions in Texas and will investigate and prosecute anyone who injures, intimidates, or interferes with a person seeking reproductive health services, or who damages facilities that provide it. pic.twitter.com/mwnckpCbcA
— MeidasTouch.com (@MeidasTouch) September 6, 2021
It is unclear how much power Garland really has to undermine the bill but in the statement, he explained that “The department will provide support from federal law enforcement when an abortion clinic or reproductive health center is under attack. We have reached out to U.S. Attorneys’ Offices and FBI field offices in Texas and across the country to discuss our enforcement authorities.”
Cofounder of liberal PAC The Meidas Touch, Brett Meisalas, suggested that “It means if anyone tries to abide by the Texas law, they can be prosecuted by the federal government. Federal law takes precedence over state law.”
Sometimes it feels like our side wants to just be upset and mope around all the time. Merrick Garland's announcement is MAJOR NEWS. It means if anyone tries to abide by the Texas law, they can be prosecuted by the federal government. Federal law takes precedence over state law.
— Brett Meiselas (@BMeiselas) September 6, 2021
Other liberals including “Justice correspondent” at The Nation, Elie Mystal, were less impressed with the statement.
“This is bullcrap. He’s saying that they will protect people having abortions *prior* to 6 weeks, to the extent that the anti-abortion forces threaten to bomb clinics. He’s NOT saying he will do anything to the VIGILIANTES empower by the state to take away constitutional rights,” Mystal tweeted.
Mystal added that there wasn’t a lot that Garland could do and that it is up to Biden to put “BOOTS ON THE GROUND to protect constitutional rights, or he leaves the women of Texas at the mercy of bounty hunters.”
Now, I will add that there's not a lot Merrick Garland or the DOJ can *do* about Texas.
— Elie Mystal (@ElieNYC) September 6, 2021
It's squarely on Biden's plate. Either he puts BOOTS ON THE GROUND to protect constitutional rights, or he leaves the women of Texas at the mercy of bounty hunters.
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