The Justice Department said Monday that it will not tolerate violence against anyone who is trying to obtain an abortion in Texas as federal officials explore options to challenge a new state law that bans most abortions.

Attorney General Merrick Garland also pledged that the DOJ "will provide support from federal law enforcement when an abortion clinic or reproductive health center is under attack."


What You Need To Know

  • Attorney General Merrick Garland on Monday said the Justice Department will "protect" those trying to obtain an abortion under the federal law known as  Freedom of Access to Clinic Entrances (FACE) Act

  • The FACE act "prohibits the use or threat of force and physical obstruction that injures, intimidates, or interferes with a person seeking to obtain or provide reproductive health services"

  • Garland further said he is exploring options to challenge Texas' new law that bans abortion once a fetal heartbeat can be detected, which is often as soon as six weeks into pregnancy

  • The Justice Department says it has been in contact with U.S. attorneys and FBI field offices in Texas to discuss enforcing federal provisions

Garland said the Justice Department would “protect those seeking to obtain or provide reproductive health services” under a federal law known as the Freedom of Access to Clinic Entrances (FACE) Act.

"The FACE Act prohibits the use or threat of force and physical obstruction that injures, intimidates, or interferes with a person seeking to obtain or provide reproductive health services," Garland wrote in a statement. "It also prohibits intentional property damage of a facility providing reproductive health services. The department has consistently obtained criminal and civil remedies for violations of the FACE Act since it was signed into law in 1994, and it will continue to do so now."

The federal law, commonly known as the FACE Act, prohibits physically obstructing or using the threat of force to intimidate or interfere with a person seeking reproductive health services. The law also prohibits damaging property at abortion clinics and other reproductive health centers.

The new Texas law prohibits abortions once medical professionals can detect cardiac activity, usually around six weeks — before some women know they’re pregnant. Courts have blocked other states from imposing similar restrictions, but Texas’ law differs significantly because it leaves enforcement up to private citizens through lawsuits instead of criminal prosecutors.

Garland said in a statement that federal prosecutors are still urgently exploring options to challenge the Texas law. He said the Justice Department would enforce the federal law “in order to protect the constitutional rights of women and other persons, including access to an abortion.”

“The department will provide support from federal law enforcement when an abortion clinic or reproductive health center is under attack,” Garland said. "We have reached out to U.S. Attorneys’ Offices and FBI field offices in Texas and across the country to discuss our enforcement authorities."

"We will not tolerate violence against those seeking to obtain or provide reproductive health services, physical obstruction or property damage in violation of the FACE Act," he concluded.