Justice Department “to protect” Texas abortion seekers

WASHINGTON – The Justice Department said Monday it would not tolerate violence against anyone who tries to obtain an abortion in Texas as federal officials explore options to challenge a new state law that prohibits most abortions.

Attorney General Merrick Garland said the Justice Department would “protect those seeking to obtain or provide reproductive health services” under a federal law known as the Freedom of Access to Clinic Entrances Act.

Garland said in a statement that federal prosecutors are still urgently exploring options to challenge Texas law. He said the Justice Department would enforce federal law “to protect the constitutional rights of women and others, including access to abortion.”

Federal law, commonly known as the FACE law, prohibits physically obstructing or using the threat of force to intimidate or interfere with anyone seeking reproductive health services. The law also prohibits damaging property in abortion clinics and other reproductive health centers.

Texas’ new law prohibits abortions once healthcare professionals can detect heart activity, usually about six weeks – before some women know they are pregnant. Courts have ruled out other states from imposing similar restrictions, but Texas law differs significantly as it leaves enforcement to private citizens through prosecutions instead of criminal prosecutors.

Department of Justice officials have also been in contact with US attorneys in Texas and FBI field offices in the state to discuss the application of federal provisions.

“The department will provide federal law enforcement support when an abortion clinic or reproductive health center is attacked,” Garland said. “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 law.”