House Judiciary Democrats urge DOJ to prosecute Texas abortion ‘would-be vigilantes’

Democrats on the House Judiciary Committee urged the Justice Department to prosecute “would-be vigilantes” attempting to enforce Texas’s recently enacted abortion ban.

In a letter to Attorney General Merrick Garland on Tuesday, the lawmakers led by House Judiciary Chairman Jerry Nadler (D-N.Y.) urged Garland to use the “full power” of his agency to “defend a woman’s constitutional right to abortion.”

“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 lawmakers wrote. 

The later came a day after Garland said the DOJ would explore “all options” to challenge the Texas law. He added that the agency would provide support from federal law enforcement when abortion clinics and reproductive health centers are under attack.

The law, S.B. 8, bans abortions when a “fetal heartbeat” is detected, which usually occurs at six weeks in pregnancy. Because most women don’t realize they are pregnant at six weeks, the law has effectively banned the procedure in almost all cases.

The measure has come under particular scrutiny for allowing private citizens to sue those who aid in or perform abortions in violation of the law, and to recover $10,000 and legal fees damages.

The Supreme Court voted 5-4 last Wednesday to turn down a request from abortion providers to block the law from taking effect.

In Tuesday’s letter, the lawmakers said the ability to sue is “the law’s most insidious feature.” The lawmakers further assailed the Supreme Court, saying it “thrust the citizens of Texas into a regime that is as unsettling as it is unconstitutional.”

“Two generations of women have come to rely on the right to choose an abortion. That choice is deeply private and should not in any way be intruded upon by any third party, let alone a vigilante seeking a payday from the state,” the lawmakers wrote.