The Department of Justice released a statement on Monday claiming they will explore all options to challenge S.B. 8, the “heartbeat bill,” enacted in Texas, which prohibits abortion once a fetal heartbeat is detected. In the statement, the DOJ also described abortion access as a “constitutional right” and said they will provide support for any abortion clinic under attack.
The statement, published on the Department of Justice’s website, is attributed to Attorney General Merrick Garland. In the statement, Garland vowed to provide federal law enforcement and other forms of protection, under the FACE Act, to shield abortion clinics and from “attack” and to protect women and other persons seeking or providing an abortion.
“While the Justice Department urgently explores all options to challenge Texas SB8 in order to protect the constitutional rights of women and other persons, including access to an abortion, we will continue to protect those seeking to obtain or provide reproductive health services pursuant to our criminal and civil enforcement of the FACE Act, 18 U.S.C. § 248.”
“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. It also prohibits intentional property damage of a facility providing reproductive health services. The department has consistently obtained criminal and civil remedies for violations of the FACE Act since it was signed into law in 1994, and it will continue to do so now.”
“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.”
“We will not tolerate violence against those seeking to obtain or provide reproductive health services, physical obstruction or property damage in violation of the FACE Act.”
While the Department of Justice is stepping in regarding Texas’ new abortion statute, other areas of government have not interfered. The United States Supreme Court allowed S.B. 8 to take effect last week after not responding to an emergency request by abortion organizations and advocacy groups asking the Court to block the law from taking effect. Late Wednesday night, the Court then voted 5-4 to allow S.B. 8 to become the law of the land in Texas. Other members of government, including President Biden, have spoken out against the new legislation.