Democrats Press Biden to Take On Texas Abortion Law – The New York Times
Democrats and reproductive rights activists pressed the Biden administration on Tuesday to take more aggressive action to stop a Texas law that prohibits abortions after six weeks of pregnancy, even as administration officials and legal experts acknowledged it would be difficult to curtail the law in the coming months.
House Democrats, following similar calls over the weekend from a leading liberal legal scholar, pushed Attorney General Merrick B. Garland to use the Justice Departments powers to prosecute Texas residents now empowered under the law to sue women seeking abortions.
We urge you to take legal action up to and including the criminal prosecution of would-be vigilantes attempting to use the private right of action established by that blatantly unconstitutional law, the House Judiciary Committee chairman, Representative Jerrold Nadler of New York, and 22 other House Democrats wrote in a letter to Mr. Garland.
The Justice Department referred reporters seeking a response to the letter back to a statement by Mr. Garland a day earlier, in which he said that law enforcement officials were urgently exploring options to challenge the Texas law in order to protect the constitutional rights of women and other persons, including access to an abortion.
The demands by House Democrats were the latest push from liberals after the Supreme Court decided last week to allow the Texas law to take effect. Instead of using the law enforcement powers of the state, the law gives private citizens the right to sue anyone who helps a woman obtain an abortion. Under the law, those plaintiffs can win $10,000 and recover their legal fees if they win.
The law has emerged as the starkest example of how former President Donald J. Trump tipped the balance of the Supreme Court to the right by appointing three conservative justices.
Now, President Bidens base is pushing for him to do more. But because of the novel way the Texas law was written, the conservative majority on the Supreme Court and the slow pace of the judicial system, Biden administration officials have few options to protect abortion rights in Texas in the short-term.
The Department of Justice has few legal avenues likely to succeed, and the federal courts are not likely to be receptive to their challenges, said Elizabeth W. Sepper, a law professor at the University of Texas at Austin.
Mr. Biden signaled his outrage last week by calling the law almost un-American and ordered the Departments of Justice and Health and Human Services to find ways to ensure women can safely seek abortions in Texas, a task that administration officials say will take some time and creativity.
Mr. Garland said in his statement on Monday that the federal government would beef up its enforcement of a 1994 law designed to protect women from harassment and intimidation as they sought abortions.
The department will provide support from federal law enforcement when an abortion clinic or reproductive health center is under attack, Mr. Garland said. We have reached out to U.S. Attorneys Offices and F.B.I. field offices in Texas and across the country to discuss our enforcement authorities.
In the face of the calls by Democrats for the administration to do more, the White House and the Justice Department declined to say on Tuesday what else they might have in store.
The White House Counsels Office, the Justice Department, the Department of Health and Human Services are continuing to look for ways to expand womens access to health care, the White House press secretary, Jen Psaki, told reporters.
Senator Sheldon Whitehouse, Democrat of Rhode Island, also called on Democrats to investigate whether the Texas law was part of a national campaign being waged by conservative groups and funded by unnamed donors that was intended to push certain legislation, like voter suppression laws.
Citizens, not the state, will enforce the law. The law effectively deputizes ordinary citizens including those from outside Texas allowing them to sue clinics and others who violate the law. It awards them at least $10,000 per illegal abortion if they are successful.
We have done a rotten job at exposing that, Mr. Whitehouse said. We have been negligent, not just weak, in letting this transpire and not doing the work to tell the American public about it.
The idea of using the prosecutorial powers of the Justice Department to take on the Texas law gained traction this weekend through an opinion essay in The Washington Post by the constitutional scholar Laurence H. Tribe. The best way for Democrats to protect abortion rights is for Congress to pass a law, Mr. Tribe argued. But he said that Democrats likely do not have enough votes in Congress and warned that the Supreme Court could overturn such a law anyway.
Instead, Mr. Tribe said, Mr. Garland has the power to take legal action against those who seek to deprive someone of their constitutional rights.
Mr. Tribe said that the law Mr. Garland needed to use had been passed in the years after the Civil War to stop members of the Ku Klux Klan from lynching Black people and trying to stop them from voting.
The attorney general should announce, as swiftly as possible, that he will use federal law to the extent possible to deter and prevent bounty hunters from employing the Texas law, Mr. Tribe wrote. If Texas wants to empower private vigilantes to intimidate abortion providers from serving women, why not make bounty hunters think twice before engaging in that intimidation?
But Brian Fallon, the executive director of the progressive group Demand Justice, which advocates expanding the number of seats on the Supreme Court, called on Democrats to focus on that larger target, saying it could affect myriad policy issues.
Thats a problem that is much bigger and harder to solve, and a lot of people continue to avoid it all together, Mr. Fallon said. The current reality is there will be further innovations beyond the Texas statute that we can expect in the months and years to come.
Read the rest here:
Democrats Press Biden to Take On Texas Abortion Law - The New York Times
- What to Know About Democrat Emily Gregorys Win in Florida - The New York Times - March 26th, 2026 [March 26th, 2026]
- House Democrat accused of misspending covid-19 money could be expelled - The Washington Post - March 26th, 2026 [March 26th, 2026]
- Upstate businessman is third Democrat to join SC Governors race - FOX Carolina - March 26th, 2026 [March 26th, 2026]
- Gov. Gavin Newsom of California, a Democrat widely seen as a likely 2028 presidential candidate, said that he regretted describing Israel as an... - March 26th, 2026 [March 26th, 2026]
- Democrat Emily Gregory pulls off upset win in Trumps backyard - KATV - March 26th, 2026 [March 26th, 2026]
- Third Democrat enters SC governors race, saying the state is not ready for population boom - Post and Courier - March 26th, 2026 [March 26th, 2026]
- Democrat says GOP using shutdown of TSA as 'leverage' - CNN - March 26th, 2026 [March 26th, 2026]
- Democrat Emily Gregory won a Florida special election, defeating Trump-endorsed Jon Maples in a district with a Republican voter-registration... - March 26th, 2026 [March 26th, 2026]
- Smith-Allen, Shephard vying for Democratic nomination to succeed Love in Arkansas Senate District 15 - The Arkansas Democrat-Gazette - March 22nd, 2026 [March 22nd, 2026]
- At last, the thaw is here - Northwest Arkansas Democrat-Gazette - March 22nd, 2026 [March 22nd, 2026]
- Arkansas Democratic Party focused on keeping current seats, then winning flippable ones, chairman says - Northwest Arkansas Democrat-Gazette - March 15th, 2026 [March 15th, 2026]
- The Lone Democrat Who Voted Against the Bipartisan Housing Bill - Time Magazine - March 15th, 2026 [March 15th, 2026]
- Retired General Shawn Harris is a Democrat Running for MTG's Seat in Congress - Civil Discourse with Joyce Vance - March 15th, 2026 [March 15th, 2026]
- War Stirs Mixed Feelings for the Only Iranian American Democrat in Congress - The New York Times - March 15th, 2026 [March 15th, 2026]
- Judge partially backs Democrat Kennedy Center trustee in lawsuit over renaming - WBAL News Radio - March 15th, 2026 [March 15th, 2026]
- Democrat Julie Stauch exits race for Iowa governor after petition issues - KCCI - March 15th, 2026 [March 15th, 2026]
- Democrat Mark Martinez cant run for Douglas County sheriff, new election commissioner rules - News From The States - March 15th, 2026 [March 15th, 2026]
- Burlington Democrat Bob Hooper resigns from House committee over sexual harassment allegations - WCAX - March 15th, 2026 [March 15th, 2026]
- Three Republicans, one Democrat trying to fill vacant state House seat for Baton Rouge area - WBRZ - March 15th, 2026 [March 15th, 2026]
- Sen Fetterman: Every Democrat has agreed on Irans nuclear ambitions - Fox News - March 15th, 2026 [March 15th, 2026]
- TSA rolls out video warning travelers of long wait times, blaming 'Democrat shutdown' - abcnews.com - March 15th, 2026 [March 15th, 2026]
- Urgent-Tribute to Foreigner Live at the Milton Theater, Milton DE - The Star Democrat - March 15th, 2026 [March 15th, 2026]
- Baseball: Montgomerys Rabinovitz tournament returns, now in its 30th year - The Press Democrat - March 15th, 2026 [March 15th, 2026]
- Long-serving Democrat will run for an 18th term in Congress - The Seattle Times - March 15th, 2026 [March 15th, 2026]
- This Texas Democrat won a race he thought he dropped out of. Now what? - Austin American-Statesman - March 11th, 2026 [March 11th, 2026]
- Democrat Shawn Harris to face Trump-endorsed Republican Clay Fuller in runoff to replace Marjorie Taylor Greene, CNN projects - CNN - March 11th, 2026 [March 11th, 2026]
- BREAKING: NH Democrat Delivers Stunning Flip in GOP Territory, Marking Latest Rebuke to GOP in Special Elections - Democratic Legislative Campaign... - March 11th, 2026 [March 11th, 2026]
- Breaking News: Shawn Harris, a Democrat and retired U.S. Army officer, and Clayton Fuller, a Republican endorsed by President Trump, advanced to a... - March 11th, 2026 [March 11th, 2026]
- Trump-backed Clay Fuller and Democrat Shawn Harris advance to runoff in race to replace Marjorie Taylor Greene - NBC News - March 11th, 2026 [March 11th, 2026]
- Trump-backed Fuller and Democrat Harris move to Georgia runoff to succeed Marjorie Taylor Greene - Santa Fe New Mexican - March 11th, 2026 [March 11th, 2026]
- Republican and Democrat head for run-off in election for Marjorie Taylor Greenes House seat - The Guardian - March 11th, 2026 [March 11th, 2026]
- Trump-backed Fuller and Democrat Harris move to Georgia runoff to succeed Marjorie Taylor Greene - Northeast Mississippi Daily Journal - March 11th, 2026 [March 11th, 2026]
- A Democrat enters the race for Vermont governor - WAMC - March 11th, 2026 [March 11th, 2026]
- The 19th: This Democrat built a farm-to-politics career. Now shes working with MAHA moms. - Chellie Pingree (.gov) - March 11th, 2026 [March 11th, 2026]
- Trump-backed Clay Fuller and Democrat Shawn Harris move to Georgia runoff to succeed Marjorie Taylor Greene - Pittsburgh Post-Gazette - March 11th, 2026 [March 11th, 2026]
- Democrat Roy Cooper Needs to Defy North Carolina History to Keep Winning Streak Alive in Senate Race - Chapelboro.com - March 11th, 2026 [March 11th, 2026]
- Trump-backed Fuller, Democrat Harris move to Georgia runoff to succeed Marjorie Taylor Greene - TribLIVE.com - March 11th, 2026 [March 11th, 2026]
- Trump-backed Fuller and Democrat Harris move to Georgia runoff to succeed Marjorie Taylor Greene - Carolina Coast Online - March 11th, 2026 [March 11th, 2026]
- Democrat Shawn Harris to face Trump-backed Clay Fuller in runoff to replace MTG - NPR - March 11th, 2026 [March 11th, 2026]
- Big ninth inning lifts Arkansas State over UALR - The Arkansas Democrat-Gazette - March 11th, 2026 [March 11th, 2026]
- Democrat Roy Cooper needs to defy North Carolina history to keep winning streak alive in Senate race - AP News - March 9th, 2026 [March 9th, 2026]
- Hundreds rally against millionaires tax and Democrat-backed legislation at Washington State Capitol - KING5.com - March 9th, 2026 [March 9th, 2026]
- Sacramento CA - Opal in Sky Villians of the Story and Young Medicine - Mountain Democrat - March 9th, 2026 [March 9th, 2026]
- Democrat Roy Cooper needs to defy North Carolina history to keep winning streak alive in Senate race - WRAL - March 9th, 2026 [March 9th, 2026]
- 'Hits and Misses' incl. the Supreme Court, Steve Daines and Texas Democrat Al Green - WSJ - March 9th, 2026 [March 9th, 2026]
- Democrat Roy Cooper needs to defy North Carolina history to keep winning streak alive in Senate race - WKMG - March 9th, 2026 [March 9th, 2026]
- House Passes H.R. 7744 to End Democrat Shutdown and Fully Fund Homeland Security - House Committee on Appropriations (.gov) - March 7th, 2026 [March 7th, 2026]
- House Democrat seeks to bar Trump from closing Kennedy Center for renovations - The Hill - March 7th, 2026 [March 7th, 2026]
- False threat leads to three-hour lockdown at Windsor High School - The Press Democrat - March 7th, 2026 [March 7th, 2026]
- House Democrat moves to impeach AG Pam Bondi over handling of the Epstein files - Axios - March 7th, 2026 [March 7th, 2026]
- Lev Parnas Running for Congress as a Democrat in Florida - The New York Times - March 7th, 2026 [March 7th, 2026]
- Cole Statement on House Vote to End Democrat Shutdown and Fully Fund Homeland Security - Representative Tom Cole | (.gov) - March 7th, 2026 [March 7th, 2026]
- South Texas Democrat Henry Cuellar helps kill resolution to end U.S. involvement in Iran - San Antonio Current - March 7th, 2026 [March 7th, 2026]
- Santa Rosa Growlers hockey team leaving league, withdrawing from playoffs - The Press Democrat - March 7th, 2026 [March 7th, 2026]
- The Democrat who schools Republicans I would say do more of that - The Guardian - March 2nd, 2026 [March 2nd, 2026]
- Anna Wilding Democrat Emerges as Top Challenger to Rep. Brad Sher - The National Law Review - March 2nd, 2026 [March 2nd, 2026]
- This week in the archives: Parking ticket warrants, county line dispute, overcoming the odds - Watauga Democrat - March 2nd, 2026 [March 2nd, 2026]
- Who is Jasmine Crockett? The Democrat running in Texas the party shouldnt want to win - The Times - February 27th, 2026 [February 27th, 2026]
- Texas Democrat is betting on love over division to reach voters | CNN Politics - CNN - February 27th, 2026 [February 27th, 2026]
- Marie Feagins allowed to run as Democrat in Shelby County mayoral race - localmemphis.com - February 27th, 2026 [February 27th, 2026]
- Amid DHS shutdown, Noem meets with Democrat who called for her impeachment - NBC News - February 27th, 2026 [February 27th, 2026]
- Jesse Watters: The only Democrat doing anything good right now is Mamdani - Fox News - February 27th, 2026 [February 27th, 2026]
- Illinois Democrat tries to bleep her way through a tough Senate primary with a new expletive-laden anti-Trump ad - NBC News - February 20th, 2026 [February 20th, 2026]
- House Democrat: Mamdanis proposed wealth taxes not going to work - The Hill - February 20th, 2026 [February 20th, 2026]
- Democrat wants DHS to examine potential bias in Minneapolis investigations - The Washington Post - February 20th, 2026 [February 20th, 2026]
- Colbert Says CBS Barred Interview With Democrat, and Search Teams Scramble After Lake Tahoe Avalanche - The New York Times - February 20th, 2026 [February 20th, 2026]
- Lone Democrat in GA election wears bulletproof vest. He's still running - USA Today - February 20th, 2026 [February 20th, 2026]
- Who is Abigail Spanberger, the Democrat giving the response to Trump's State of the Union address? - Yahoo - February 20th, 2026 [February 20th, 2026]
- Irondequoit wins overtime thriller against Webster Thomas in sectionals - Democrat and Chronicle - February 20th, 2026 [February 20th, 2026]
- House Democrat: Former UK ambassador unable to appear for interview in congressional Epstein inquiry - The Hill - February 20th, 2026 [February 20th, 2026]
- Opinion | A Georgia Democrat finds the perfect way to talk to voters - The Cap Times - February 18th, 2026 [February 18th, 2026]
- This week on the James Bolt Show, Democrat Congresswoman Alexandria Ocasio-Cortez is criticised for her utter humiliation at the Munich Security... - February 18th, 2026 [February 18th, 2026]
- Colbert: CBS blocked interview with Democrat candidate over FCC fears - Honolulu Star-Advertiser - February 18th, 2026 [February 18th, 2026]
- Stephen Colbert says CBS didn't air interview with Texas Democrat out of fear of FCC - NBC News - February 18th, 2026 [February 18th, 2026]
- CBS stopped Stephen Colbert from airing interview with Texas Democrat, host says - Scripps News - February 18th, 2026 [February 18th, 2026]
- The Democrat Who Voted for House Republicans' Voter ID Bill - Time Magazine - February 18th, 2026 [February 18th, 2026]
- The 82-Year-Old Democrat Trolling Ted Cruz Into Oblivion - The Bulwark - February 18th, 2026 [February 18th, 2026]
- Texas Democrat sworn in to House, shrinking GOP margin to 1 vote - The Hill - February 2nd, 2026 [February 2nd, 2026]
- Kentucky Democrat Andy Beshears super PAC steps up fundraising in its second year - Kentucky Lantern - February 2nd, 2026 [February 2nd, 2026]
- Democrat flips reliably red Texas district in victory that stuns Republican party - The Guardian - February 2nd, 2026 [February 2nd, 2026]