Biden's DOJ To Sue Texas Over Abortion Law


Jordan Sekulow

September 9, 2021

5 min read

Pro Life



The Left is trying to protect its vice grip on abortion laws. Under the Biden Administration, the Department of Justice (DOJ) is trying to go after the new Texas law that bans abortion after the six-week point of pregnancy or when a heartbeat has been detected, known as the Texas Heartbeat Act. This comes after the Supreme Court declined to block the Texas abortion ban.

The abortion industry is exuberant that the DOJ is taking up their fight, since they have not had success in their own legal challenges. In an interview with CNN, former President of Planned Parenthood Cecile Richards, shared her reaction to the DOJ taking on the case:

It’s really good news that the Administration – the Department of Justice is taking action against this unconstitutional and cruel law that has gone into effect and as you know, last week more than 7 million women of childbearing age lost their rights literally overnight.

ACLJ Chief Counsel and my dad, Jay Sekulow, discussed the Department of Justice’s lawsuit against Texas after Planned Parenthood’s challenges initially failed:

They are using this whole-of-government approach. . . . The Justice Department is going to file a lawsuit to try to stop Texas from enacting a law they enacted. Planned Parenthood is already challenging it, I guess they aren’t up to the stuff legally where they can do this by themselves. So, the Department of Justice is making a political statement here and that is that they don’t like the Texas law . . . So, what do they do? Their easy answer to everything is to intervene. . . . But the reality is why are they doing it? They are doing it because they are trying to score political points. Texas, under its own legislative decree, decided a way in which they would handle the abortion issue. There is a case at the Supreme Court right now that could completely change the way this is being handled. And we’re not ready to announce yet, but we are a couple weeks away from announcing a major case – we are representing the biggest abortion cases in the country – that we are going to be doing. So, when you look at this, I see government overreach.

ACLJ Director of Policy Harry Hutchison discusses the motives of the Biden Administration behind going after the pro-life movement:

In essence, the Biden Administration is attempting to turn the world upside down. So, the Texas law protects human life. So, how has the Biden Administration interpreted the protection of human life? As an attack, as a form of violence. So, they are going after individuals who are attempting to protect human life. Clearly, something the Biden Administration is incapable of doing given what they have done already in Afghanistan. They have failed to protect human life there, and now they are attacking human life domestically. And nonetheless, they are going after Texans, citizens of Texas, and all Americans who support the protection of human life. . . . I doubt seriously whether the Biden Administration has a legal basis to launch an attack on American citizens. Secondly, I would point out in this particular case the Biden Administration has unleashed or is preparing to unleash the FBI to do what? To basically attack American citizens who protect human life. What should the FBI be doing? They should be attempting to prevent terrorist attacks in the U.S. And the Biden Administration has opened us up to terrorist attacks by its craven surrender to the Taliban in Afghanistan. So again, the world has been turned upside down.

Not only is the Biden Administration utilizing the FBI on its own citizens, using the DOJ to sue a state for their own abortion law, but they are also trying to strip conscience protections from those who object to the Health and Human Services (HHS) abortion-pill mandate. ACLJ Senior Counsel Geoff Surtees details in his article how the Biden Administration is planning on doing this and what we are going to do about it.

With one of the most pro-abortion Administrations we have ever seen, my dad, Jay Sekulow, summed it up best:

What people tend to forget in the abortion debate is, you’re dealing with abortion; you’re dealing with the one unique medical procedure that actually takes another person’s life as a consequence of the action. When you think about that . . . you realize that you can’t compare it to anything else because it is another person. We call it personhood under the Constitution. We believe the unborn child is a person entitled to life, exactly what is set forth in our founding documents. . . . The idea that you can terminate a life for no cause at all. . . . You are talking about a fundamental evil here.

Today’s full Sekulow broadcast is complete with even more analysis of the Department of Justice suing Texas over the newly enacted law – the Texas Heartbeat Act.

Watch the full broadcast below.