“Constitutional right” was the phrase U.S. Attorney General Merrick Garland used repeatedly when referencing abortion during a press conference on Thursday, as he announced the U.S. Department of Justice is moving forward on filing suit against the state of Texas. The litigation is a response to a controversial pro-life Texas law passed earlier this year known as the Heartbeat Act.

Many members of the pro-life community were relieved when the Supreme Court refused to block the legislation from going into effect last week. “This decision is a huge victory for the Pro-Life movement. Texas Right to Life hopes to replicate our success across the nation,” wrote Texas Right to Life in a tweet.

However, the Court’s decision was not a final victory. “This order is not based on any conclusion about the constitutionality of Texas’s law,” stated the Supreme Court when ruling on the injunction. In other words, the Supreme Court felt that those trying to stop the Heartbeat Act from taking effect had not adequately defended their position at that time. 

This has allowed the law to be effective in Texas for over a week, while abortionists have clamored to raise legal funds and transport women out of state to have their babies aborted. 

Now, with the Department of Justice filing a comprehensive lawsuit in the court for the Western District of Texas in Austin, it is likely that the Heartbeat Act will be put to the constitutional test. It may even end up back in the Supreme Court, facing the possibility of judicial review. 

In response to the Department of Justice’s crusade against the unborn, Republican Party of Texas Chairman Matt Rinaldi said, “We’ve got four words for you: Come and take it.”

Griffin White

After graduating high school with an associates degree in fine arts, Griffin chose to seek experience in his field of interest rather than attend university. He describes himself as a patriotic Fort Worth native with a passion for cars and guitars. He is now a fellow for Texas Scorecard.