Biden Justice Department wants Texas Heartbeat law declared “invalid, null, and void”

By Dave Andrusko

Attorney General Merrick Garland

As NRL News Today wrote last Friday and again earlier today, the Biden Department of Justice (DOJ) has launched an attack on the Texas Heartbeat Act, asking for a judgment that SB8 be declared “invalid, null, and void” and for a permanent injunction preventing Texas from enforcing the law, which took effect September 1.

Speaking at a press conference in Texas last week, Attorney General Merrick Garland said SB 8 “is clearly unconstitutional under long-standing Supreme Court precedent,” adding the law is nothing less than “a scheme to nullify the Constitution of the United States.”

Texas Right to Life Vice President Elizabeth Graham responded, “Joe Biden has a long record of failures with protecting the unborn and pregnant women. He is a puppet of the radical abortion agenda, and his DOJ will quickly find that they do not have jurisdiction to stop the Texas Heartbeat Act.”

Texas Right to Life added that it “will not be intimidated” by the Biden administration.

Laura Echevarria, NRL Press Secretary and Director of Communications, told Anuja Vaidya, “President Biden and his administration need to quit trying to facilitate the killing of unborn babies.” She added, “Instead, President Biden, AG Garland, and this administration should be doing everything they can to protect life and not destroy it”     

There were 57,275 abortions performed in Texas in 2019, according to the Texas Department of Health and Human Services.  Pro-abortionists assert the impact will be to curtail at least 85% of abortions performed in the Lone Star State. As of September 1, abortion clinics are following the law’s restrictions, meaning babies’ lives are being saved.

As the law wends its way through the courts, we need to remember that when the justices denied the request to stop enforcement of SB 8, the Supreme Court did not rule on the law’s constitutionality. [W]e cannot say the applicants have met their burden to prevail in an injunction or stay application,” five justices wrote. “In reaching this conclusion, we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit.” They added, referring to the pro-abortion challengers, “Their application also presents complex and novel antecedent procedural questions on which they have not carried their burden.”

Moreover, the Department of Justice’s lawsuit is exactly what you would expect from pro-abortion President Biden—whose approval ratings are racing downward from the 50’s to the higher 40’s to the current average rating of 45.2%. 

In addition, legislatively, pro-abortion Speaker of the House Nancy Pelosi (D-Ca.) has vowed “Upon our return, the House will bring up Congresswoman Judy Chu’s Women’s Health Protection Act to enshrine into law reproductive health care for all women across America”—aka “codify Roe.”

However, at the same time, as National Right to Life pointed out, passage of SB 8 should be seen in a broader context.

As of late June more than 60 laws protecting unborn children have been passed in state legislatures.

The implementation of SB8 comes on the heels of the Fifth Circuit U.S. Court of Appeals upholding a Texas state law based on National Right to Life’s model legislation that prohibits an abortionist from dismembering a living unborn child limb-by-limb from her mother’s womb. It also comes just weeks before the U.S. Supreme Court is set to hear arguments on a Mississippi law that protects unborn children after 15-weeks gestation.

In other words, SB 8 is important, but there is other very significant legislation the justices will be hearing this fall, for example, Mississippi’s Gestational Age Act. In hearing oral arguments this fall on House Bill 1510, the justices said they will address one specific question: “whether all pre-viability prohibitions on elective abortion are unconstitutional”– a hugely important issue.

National Right to Life News Today will continue to keep you up to date on all the latest.