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StarfishSaver

(18,486 posts)
Mon Sep 6, 2021, 02:02 PM Sep 2021

Breaking: AG Garland announces DOJ will protect women seeking an abortion in Texas

Attorney General Merrick Garland said Monday that the Justice Department would protect women seeking an abortion in Texas as the agency explores ways to challenge one of the most restrictive laws in the nation.

In a statement, Garland said the department would “protect those seeking to obtain or provide reproductive health services pursuant to our criminal and civil enforcement of the” law known as the Freedom of Access to Clinic Entrances Act.

The announcement from the Justice Department comes days after the conservative-majority Supreme Court declined to block the Texas law that bans abortion as early as six weeks into a pregnancy, with no exceptions for rape or incest.
...
“The department will provide support from federal law enforcement when an abortion clinic or reproductive health center is under attack. We have reached out to U.S. Attorneys’ Offices and FBI field offices in Texas and across the country to discuss our enforcement authorities,” Garland said.

He added that the department “will not tolerate violence against those seeking to obtain or provide reproductive health services, physical obstruction or property damage in violation” of federal law.

https://www.washingtonpost.com/politics/abortion-justice-department-biden-administration-texas/2021/09/06/f9cdc7ba-0f36-11ec-882f-2dd15a067dc4_story.html

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Breaking: AG Garland announces DOJ will protect women seeking an abortion in Texas (Original Post) StarfishSaver Sep 2021 OP
Get thee to the greatest page malaise Sep 2021 #1
For those that can't access the article MiniMe Sep 2021 #2
TY for posting. Damn paywalls.... 634-5789 Sep 2021 #84
Good to hear. W_HAMILTON Sep 2021 #3
I can't believe we're watching Democrats here claim that violence isn't an issue for women in Texas StarfishSaver Sep 2021 #48
+1000 PortTack Sep 2021 #63
Right a good test would be after Garland & a couple marshals escort a woman into a clinic Captain Zero Sep 2021 #106
Legislation is violence C_U_L8R Sep 2021 #4
yes Kittycatkat Sep 2021 #45
Glad to see this! hamsterjill Sep 2021 #5
Recommended. H2O Man Sep 2021 #6
I don't see how this is a solution. No one is physically blocking entrance to clinics. The federal Dream Girl Sep 2021 #7
Post removed Post removed Sep 2021 #10
It looks like auto-correct caught up with you TexasTowelie Sep 2021 #15
I'm quite sure that the Attorney General has a better understanding of federal law than you do StarfishSaver Sep 2021 #18
From what I've read and seen over the years, Merrick Garland has a brilliant legal mind. He knows... George II Sep 2021 #53
Lots of people here differ with you - and they surely know better StarfishSaver Sep 2021 #58
I posted that because I was hoping so someone help me understathis would work against the Dream Girl Sep 2021 #76
I'm glad to see you've changed your tune. StarfishSaver Sep 2021 #77
The nuns in my grammar school used to talk to us just like this. Scrivener7 Sep 2021 #125
I understand why StarfishSaver Sep 2021 #127
I think I understand what you are trying to say. Yes women should be protected from violence. totodeinhere Sep 2021 #41
This is one (important) law among many that we have. It is not the only law in the Politicub Sep 2021 #59
But obviously, Biden and DOJ aren't responding quickly or well enough for the armchair experts StarfishSaver Sep 2021 #61
"Do that thing! That justice thing you should be doing but are not." Politicub Sep 2021 #68
Nailed It! StarfishSaver Sep 2021 #70
Did you even read the article??? USALiberal Sep 2021 #62
I did and Dream Girl has a point. The main issue here is not about Scrivener7 Sep 2021 #114
Since Garland never claimed this s a "remedy," you're knocking down a atrawman StarfishSaver Sep 2021 #118
It doesn't address the issues in this law. We should stop pretending that it does. Scrivener7 Sep 2021 #120
Garland didn't say this addressed the Texas law and neither did I StarfishSaver Sep 2021 #122
So it doesn't address the Texas law, but he is announcing in the wake of the passage of the Texas Scrivener7 Sep 2021 #123
I'd hardly describe issuing.a written statement as "great fanfare." StarfishSaver Sep 2021 #126
I totally agree with you and I find the patronizing responses to your Scrivener7 Sep 2021 #115
Excellent ismnotwasm Sep 2021 #8
I wish we had a woman for attorney general. nt littlemissmartypants Sep 2021 #9
He certainly appears to be the wrong man for the job. comradebillyboy Sep 2021 #13
He strikes me as milquetoast. But I guess you don't have to show littlemissmartypants Sep 2021 #20
He looks as lost as Mueller. kairos12 Sep 2021 #23
Yeah, totally get that. And agree. calimary Sep 2021 #33
Good to hear. sheshe2 Sep 2021 #11
And now people have jumped into this thread to insist that this isn't good enough StarfishSaver Sep 2021 #24
Maybe what's operating here is a notion of how the GOP is utterly MASTERFUL at thinking around calimary Sep 2021 #44
Interesting StarfishSaver Sep 2021 #46
It's been abundantly clear. Snackshack Sep 2021 #72
'Repugs are good at getting bad things done; Dems are bad at getting good things done.' LastLiberal in PalmSprings Sep 2021 #88
Or, maybe, its because the announcement he made doesn't change a damn thing and doesn't Scrivener7 Sep 2021 #129
This message was self-deleted by its author sheshe2 Sep 2021 #12
The women aren't in trouble and don't need protection. It's their helpers Arazi Sep 2021 #14
Please cite what federal statute DOJ SHOULD be using StarfishSaver Sep 2021 #43
"As the agency explores ways to challenge the law" is bullshit Arazi Sep 2021 #96
In other words, you have no idea what they can do right now StarfishSaver Sep 2021 #97
The law will become fact within the next 10 days Arazi Sep 2021 #98
Why do you assume "DOJ can't articulate a response"? StarfishSaver Sep 2021 #100
Just give 'em time on the "the women aren't in trouble" part. calimary Sep 2021 #130
When is he gonna announce ejbr Sep 2021 #16
This has what to do with abortion in Texas exactly? AZSkiffyGeek Sep 2021 #17
The "Garland's not doing squat" crowd gets really pissed whenever they're proven wrong StarfishSaver Sep 2021 #19
I will be ecstatic ejbr Sep 2021 #22
I don't know about you, but I'm sure many of the people who reacted as you do won't be "ecstatic" StarfishSaver Sep 2021 #26
They exist, I'm sure ejbr Sep 2021 #35
It has to do ejbr Sep 2021 #21
Actually, it has more to do with people who haven't a clue how government or federal law or DOJ work StarfishSaver Sep 2021 #25
I am drawing these conclusions ejbr Sep 2021 #28
Oh ok AZSkiffyGeek Sep 2021 #31
I think they're referring to a former federal prosecutor who now makes their living as a pundit StarfishSaver Sep 2021 #34
Is it that one who said we need to nationalize all doctors AZSkiffyGeek Sep 2021 #38
Based on that comment ejbr Sep 2021 #40
What happened to Trump administration members who criticized him? AZSkiffyGeek Sep 2021 #42
Apologies ejbr Sep 2021 #54
No need to apologize. Cetacea Sep 2021 #105
It does not follow. LanternWaste Sep 2021 #47
I agree ejbr Sep 2021 #56
This message was self-deleted by its author ARPad95 Sep 2021 #27
Lol n/t ejbr Sep 2021 #29
Do you have a source for your claim that Garland is a Republican? StarfishSaver Sep 2021 #30
Because Republicans clerk for liberal justices and get placed on the court by Democrats AZSkiffyGeek Sep 2021 #32
Oops! I thought he was Republican (confused him with someone else). I deleted my comment. ARPad95 Sep 2021 #37
... StarfishSaver Sep 2021 #39
Good. Let's see how this plays in Plano. All armed up now with no permit/ training required. Yeehaw Evolve Dammit Sep 2021 #36
Hmmmm. So he announces he's going to do what they've already been doing? Goodheart Sep 2021 #49
Please state specifically what YOU think DOJ should do right now? StarfishSaver Sep 2021 #50
I don't know that I have an answer. Goodheart Sep 2021 #51
So you think that what they should do can't be done right now? StarfishSaver Sep 2021 #57
I think the case would be stronger if somebody has already been injured. Goodheart Sep 2021 #60
What people are missing StarfishSaver Sep 2021 #64
Gotcha. Good move. I think we need more. Goodheart Sep 2021 #66
Kudos to you Starfish...always calm and knowledgeable. More of what we need right now PortTack Sep 2021 #67
Awesome! Elessar Zappa Sep 2021 #52
K&R UTUSN Sep 2021 #55
I'm sorry but I need to see some action. BlueIdaho Sep 2021 #65
What form would this action take? Politicub Sep 2021 #69
How about ANYTHING BlueIdaho Sep 2021 #81
There are lots of things happening. Be curious. Politicub Sep 2021 #103
THANK you!!! StarfishSaver Sep 2021 #104
Exactly what action do you need to see DOJ taking right now? StarfishSaver Sep 2021 #73
So you are perfectly happy with strongly worded memos? BlueIdaho Sep 2021 #78
Please share with us your ideas or what DOJ is supposed to do right now StarfishSaver Sep 2021 #82
Yeah, you said that already. BlueIdaho Sep 2021 #85
Strongly worded memos are not involved here, so your question is a ridiculous dodge StarfishSaver Sep 2021 #92
Like I said, we're done here. BlueIdaho Sep 2021 #94
Good for him. This is the start of Biden's "whole of government response," then. nt Hekate Sep 2021 #71
The Texas law was designed to put abortion clinics in TX out of business andym Sep 2021 #74
If you read Garland's statement, you'll see that StarfishSaver Sep 2021 #80
Its a bluff, the Repugs will never actually file any cases. Jon King Sep 2021 #75
This is about more than the civil lawsuits StarfishSaver Sep 2021 #83
Of course, but they have been doing that for decades. Jon King Sep 2021 #86
Merrick Garland just announced that the DOJ will protect women seeking abortions in Texas LetMyPeopleVote Sep 2021 #79
Unless I missed something Zeitghost Sep 2021 #87
DOJ can only enforce law already on the books. They don't make laws StarfishSaver Sep 2021 #93
Precisely my point Zeitghost Sep 2021 #101
Garland should also announce that DOJ will defend any case brought. Jon King Sep 2021 #89
Which law would that be? Zeitghost Sep 2021 #91
I think it's a dare to sue HIM. Captain Zero Sep 2021 #90
TY & AG Merrick Garland Cha Sep 2021 #95
K&r Politicub Sep 2021 #102
This is the GOOD NEWS we need. nt Maru Kitteh Sep 2021 #99
👍🏼👍🏼👍🏼K&R👍🏼👍🏼👍🏼 spanone Sep 2021 #107
Concerned with deputizing the public to fleece people with financial punishment bucolic_frolic Sep 2021 #108
I'm not seeing the "friendly" part. lagomorph777 Sep 2021 #112
Is he saying it will be criminal OneCrazyDiamond Sep 2021 #109
No, that's not what he's saying StarfishSaver Sep 2021 #110
Let's be real: this does very little. Loki Liesmith Sep 2021 #111
Actually, it will do quite a lot. StarfishSaver Sep 2021 #113
What exactly is it that you think this will do? Scrivener7 Sep 2021 #116
There can be no doubt the new law will embolden vigilantes to take matters into their own hands StarfishSaver Sep 2021 #117
So nothing new. As many in this thread have pointed out. Scrivener7 Sep 2021 #119
It IS something new StarfishSaver Sep 2021 #121
New permission to enforce an existing law that does not address the Texas law. Scrivener7 Sep 2021 #124
No one is claiming it does. StarfishSaver Sep 2021 #128

MiniMe

(21,718 posts)
2. For those that can't access the article
Mon Sep 6, 2021, 02:05 PM
Sep 2021

The Post has a paywall. I subscribe to the post as it is my local paper, so I get access with the subscription


Attorney General Merrick Garland said Monday that the Justice Department would protect women seeking an abortion in Texas as the agency explores ways to challenge one of the most restrictive laws in the nation.

In a statement, Garland said the department would “protect those seeking to obtain or provide reproductive health services pursuant to our criminal and civil enforcement of the” law known as the Freedom of Access to Clinic Entrances Act.

The announcement from the Justice Department comes days after the conservative-majority Supreme Court declined to block the Texas law that bans abortion as early as six weeks into a pregnancy, with no exceptions for rape or incest.

The law also allows anyone to file a lawsuit against any other person who has aided someone in obtaining an abortion, with the potential for a $10,000 payoff.

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

W_HAMILTON

(7,869 posts)
3. Good to hear.
Mon Sep 6, 2021, 02:06 PM
Sep 2021

For any bounty hunter that seeks to claim their bounties in civil court as the Texas law allows, have the feds go after their ass on criminal charges.

 

StarfishSaver

(18,486 posts)
48. I can't believe we're watching Democrats here claim that violence isn't an issue for women in Texas
Mon Sep 6, 2021, 03:31 PM
Sep 2021

and criticizing the attorney general for using federal law to protect women from violence and intimidation .

As I said, it's clear that some people just want to complain and attack this administration, no matter what they do.

Captain Zero

(6,813 posts)
106. Right a good test would be after Garland & a couple marshals escort a woman into a clinic
Tue Sep 7, 2021, 12:25 AM
Sep 2021

themselves.

Wait for some toothless texan to file for his $10K and wind up in a federal prison.

C_U_L8R

(45,004 posts)
4. Legislation is violence
Mon Sep 6, 2021, 02:06 PM
Sep 2021

At least the way these republican shits practice it. May they all rot in jail for their attacks on Women and our Constitution.

 

Dream Girl

(5,111 posts)
7. I don't see how this is a solution. No one is physically blocking entrance to clinics. The federal
Mon Sep 6, 2021, 02:20 PM
Sep 2021

Law seems to refer to physical intimation. The Texas law does not do that. The initiation is the threat of being sued. There is no “violent act”. Garland really needs to get on the stick. I’m growing less impressed of him by the day.

Response to Dream Girl (Reply #7)

 

StarfishSaver

(18,486 posts)
18. I'm quite sure that the Attorney General has a better understanding of federal law than you do
Mon Sep 6, 2021, 02:41 PM
Sep 2021

Had you actually read the story, you would have seen that the Freedom of Access to Clinic Entrances Act is not limited to acts of violence. You would also have seen that DOJ's action is not limited to the new Texas law.

But since despite all evidence to the contrary, you seem to believe you have a better grasp on the law than Garland, perhaps you can enlighten us on how you propose he "get on the stick." What alternate plan should DOJ follow? Please be sure to cite the supporting statute and case law ...

George II

(67,782 posts)
53. From what I've read and seen over the years, Merrick Garland has a brilliant legal mind. He knows...
Mon Sep 6, 2021, 03:44 PM
Sep 2021

...what he can and cannot do and how far he can push things.

 

Dream Girl

(5,111 posts)
76. I posted that because I was hoping so someone help me understathis would work against the
Mon Sep 6, 2021, 04:37 PM
Sep 2021

Texas Law. I was actually hoping Iwas wrong. No, I have not reviewed the statute nor have I seen any case law that has arisen from the federal statute through the years. I am certainly no expert I earned my JD 30+ years ago and other than a brief stint in the Public Defender’s office I’ve have always been on the corporate side before eventually moving to marketing. I never claimed to have a better grasp on the law than Garland. I know the man is brilliant, but am I the only one frustrated with how slowly they’re moving? They are too scared to hold Trump accountable for his many, many misdeeds. Dot all the I and cross all the t’s, if they must but my God those f*ckwads are growing more enboldened by the day. Somebody better get on the stick. They just seem so timid.

 

StarfishSaver

(18,486 posts)
77. I'm glad to see you've changed your tune.
Mon Sep 6, 2021, 04:43 PM
Sep 2021

Given your acknowledgment that you don't actually know more than Garland does, perhaps next time, you'll refrain from insisting he "get on the stick" as of you're an expert on what he should be doing.

totodeinhere

(13,058 posts)
41. I think I understand what you are trying to say. Yes women should be protected from violence.
Mon Sep 6, 2021, 03:08 PM
Sep 2021

That is a given. But we need to do more than that. We need to make sure that they can exercise their connotational rights whether there is violence or not. Nobody should be allowed to stop them from making choices about their own body whether there is violence involved or not.

Politicub

(12,165 posts)
59. This is one (important) law among many that we have. It is not the only law in the
Mon Sep 6, 2021, 03:49 PM
Sep 2021

justice department’s toolbox.

A lot of people seem naive about the breadth and depth of the justice department and its resources.

President Biden has mobilized the executive branch to respond to the injustice in Texas.

 

StarfishSaver

(18,486 posts)
61. But obviously, Biden and DOJ aren't responding quickly or well enough for the armchair experts
Mon Sep 6, 2021, 03:54 PM
Sep 2021

"Do something! Do something"

Something

"Not good enough. Do something else!"

What?

"We don't know. But not the something you're doing!"

Politicub

(12,165 posts)
68. "Do that thing! That justice thing you should be doing but are not."
Mon Sep 6, 2021, 04:11 PM
Sep 2021

“What thing?”

“Omg why ArE yOU AskIng mE? I’m nOt An ExpErt. ThEy shOULd bE dOIng thE thIng..”

Scrivener7

(50,957 posts)
114. I did and Dream Girl has a point. The main issue here is not about
Tue Sep 7, 2021, 01:46 PM
Sep 2021

abortion clinics being under attack. It is about legitimizing vigilante anti abortion lunatics, and it is about eliminating women's access to abortions after a date 6 weeks after their last period. (All the articles get this point wrong. It is not 6 weeks into a pregnancy. It is 6 weeks after the last period. Which essentially means women just aren't able to get abortions at all.)

The remedy proposed is not a remedy for the worst provisions of this law. And the article details the fact that the response to those worst provisions is that we are looking into maybe doing something sometime if we can. That really is not good enough.

And to those arguing that it is unreasonable to complain about a lack of government response so soon after the law passed, this law has been in the works for months. There should have been a response queued up and ready to go. There are women who are pregnant now and can't wait for us to get our acts together.

 

StarfishSaver

(18,486 posts)
118. Since Garland never claimed this s a "remedy," you're knocking down a atrawman
Tue Sep 7, 2021, 02:36 PM
Sep 2021

Those of you complaining that warning that DOJ will prosecute violations of the Freedom of Access to Clinic Entrances Act because you don't think it will stop people from bringing lawsuits under the new state law are completely missing the point.

As I said in another thread, there can be no doubt the new law will embolden vigilantes to take matters into their own hands - it will have ramifications far beyond simply filing lawsuits. It is very likely that intimidation and violence against women and medical providers will ramp up as a direct result of the new law. It's also very likely that state and local authorities will look the other way or wrist slap the perpetrators of these crimes.

Garland has put everyone on notice that DOJ will make it a top priority to prosecute anyone who uses violence or intimidation to interfere with women's ability to obtain abortions.

This is not a small thing.

 

StarfishSaver

(18,486 posts)
122. Garland didn't say this addressed the Texas law and neither did I
Tue Sep 7, 2021, 04:49 PM
Sep 2021

In fact, the only people I see claiming the AG's announcement is directed to the law are those who are attacking him because they don't seem to understand what the announcement actually was.

Garland didn't say enforcing the Freedom of Access to Clinic Entrances Act will directly address the new Texas state law. But, as I said, it certainly is one way to deal with the law's fallout.

And I have no doubt that had Garland not made it a DOJ priority to enforce that federal law in order to protect women seeking abortions from intimidation and violence, when such intimidation and violence ensue in the wake of the new state law, people would attack him for not foreseeing that as a consequence of the new law and not being prepared to do something about it.

Scrivener7

(50,957 posts)
123. So it doesn't address the Texas law, but he is announcing in the wake of the passage of the Texas
Tue Sep 7, 2021, 05:15 PM
Sep 2021

law, to great fanfare, that he will enforce an existing law.

Forgive me for not being excited.

 

StarfishSaver

(18,486 posts)
126. I'd hardly describe issuing.a written statement as "great fanfare."
Tue Sep 7, 2021, 05:59 PM
Sep 2021

And DOJ's activities are limited to enforcing laws - so expecting them to do more doesn't work a lot of sense.

littlemissmartypants

(22,706 posts)
20. He strikes me as milquetoast. But I guess you don't have to show
Mon Sep 6, 2021, 02:46 PM
Sep 2021

Bravado to be tough. He just seems meek. I want a stalwart, take no prisoners, feminist on the job. I'll wait though. I am going to give him a little bit more of a chance before I entirely lose faith.

calimary

(81,350 posts)
33. Yeah, totally get that. And agree.
Mon Sep 6, 2021, 03:03 PM
Sep 2021

I was in the mood for a firebrand! And I thought we needed one after the nightmare years of trump. I would have liked to see Garland having spoken up last Thursday evening. But, like you, I'll wait 'n' see, too.

sheshe2

(83,815 posts)
11. Good to hear.
Mon Sep 6, 2021, 02:25 PM
Sep 2021

Pretty quick work by AG Garland. As the article states this is just the beginning as the agency explores ways to challenge the restrictive law.

Hmm. Thanks for this. Funny only yesterday I was reading that Garland should be fired for not doing anything.

 

StarfishSaver

(18,486 posts)
24. And now people have jumped into this thread to insist that this isn't good enough
Mon Sep 6, 2021, 02:52 PM
Sep 2021

Funny how people insist Garland use every tool at DOJ's disposal to fight this law, and then when he does, they yell (from the sidelines, of course) "WRONG TOOL WRONG TOOL!!!"

Still waiting for these folks to cite exactly which federal laws they think DOJ should use to deal with the Texas law.

calimary

(81,350 posts)
44. Maybe what's operating here is a notion of how the GOP is utterly MASTERFUL at thinking around
Mon Sep 6, 2021, 03:16 PM
Sep 2021

an issue or something they don't like. They are BRILLIANT at maneuvering around it to get THEIR way ANYWAY. They'll stop at NOTHING. While our side is wringing its hands about how to never color outside the lines.

If I didn't STRONGLY, even ARDENTLY dislike and oppose everything they stand for, I could see myself gravitating toward a party that thinks that deviously and doesn't hesitate to act on it. They're unfortunately good at getting bad things done, while our Dems are, just as unfortunately, bad at getting good things done.

I've been saying for awhile now that I wish there were more devious thinkers in OUR party. The GOP has almost too many of 'em. And look what they've been able to accomplish - or all that they've effectively and successfully been able to obstruct.

Snackshack

(2,541 posts)
72. It's been abundantly clear.
Mon Sep 6, 2021, 04:19 PM
Sep 2021

That the GOP think tanks that write most of their legislation Heritage, Cato etc. run circles around Dems in thinking up creatives ways around the Constitution it’s amendments and established law. Dems have been extremely underpowered for a longtime now and they never seem to close the gap. Probably because they are not willing to throw character, soul, family out the window to achieve that. Which is why the GOP wins most of the time.

Except when they have gone too far and it wakes up enough of the citizenry to vote. But the GOP is putting and end to that as well.

88. 'Repugs are good at getting bad things done; Dems are bad at getting good things done.'
Mon Sep 6, 2021, 04:57 PM
Sep 2021

What a succinct way of describing the nation's political paradigm.

Scrivener7

(50,957 posts)
129. Or, maybe, its because the announcement he made doesn't change a damn thing and doesn't
Wed Sep 8, 2021, 11:09 AM
Sep 2021

do anything to help those affected by the Texas law.

I'm going to go out on a limb and say that's it.

Response to StarfishSaver (Original post)

Arazi

(6,829 posts)
14. The women aren't in trouble and don't need protection. It's their helpers
Mon Sep 6, 2021, 02:29 PM
Sep 2021

This means nothing

The law targets anyone who AIDS and abets an abortion after 6 weeks of pregnancy.

 

StarfishSaver

(18,486 posts)
43. Please cite what federal statute DOJ SHOULD be using
Mon Sep 6, 2021, 03:16 PM
Sep 2021

Since you seem to be certain that they're using the wrong one, It shouldn't be difficult for you to cite the federal authority they should be using.

And if you think women who seek or who have had abortions in Texas "aren't in danger and don't need protection," well ... That explains a lot

Arazi

(6,829 posts)
96. "As the agency explores ways to challenge the law" is bullshit
Mon Sep 6, 2021, 07:16 PM
Sep 2021

Garland has known this was coming for months. Literally. And they have no better response?

And don't fucking play cute with gotchas. Nobody wants women in jeopardy and it's insulting to insinuate any DUer doesn't recognize the risks to pregnant women atm.

My post however was dealing with those outside of the clinic staff, who help a woman get an abortion after 6 weeks and their legal and financial jeopardy now which Merrick Garland does not address.

I am fully supportive of Biden/Harris and can still be critical that DOJ appears unprepared

 

StarfishSaver

(18,486 posts)
97. In other words, you have no idea what they can do right now
Mon Sep 6, 2021, 07:28 PM
Sep 2021

And no, lawyers saying they're exploring the options is not bullshit. That's what they're SUPPOSED to do. And it's something they cannot fully do until the actual law is passed. Moreover, because there's very little DOJ can do proactively in this situation. They must wait until action is taken under the new law - and they are preparing for all manner of eventualities so they can respond when it is.

This is not an episode of Law & Order where everything is scripted, cut and dried and wrapped up in 48 minutes. And unless you can come up with some specific action they should take right now (and DO something! isn't a thing ...), your criticisms of Garland and DOJ, however well-intentioned, continue to ring hollow.

Arazi

(6,829 posts)
98. The law will become fact within the next 10 days
Mon Sep 6, 2021, 08:09 PM
Sep 2021

That DOJ can't articulate a response and is still working out how to challenge this, when they've known for months that it was coming, definitely opens them up to critique.

But sure, continue to excoriate any who dare question this approach.

I'm not interested in confrontational conversations here on DU. Respectful dialogue is preferred so I'll leave you to have the last word

 

StarfishSaver

(18,486 posts)
100. Why do you assume "DOJ can't articulate a response"?
Mon Sep 6, 2021, 08:30 PM
Sep 2021

And since you believe that there is such a response that should be articulated, what do you think that response should be today?

What exactly should DOJ announce that it's going to do, under what federal statute would they be able to act? And please lay out the facts pursuant to which they will be able to apply the federal statute or statutes you vote.

You may have some difficulty answering that question and for good reason. Many laws, including this one, don't "become fact" until someone takes action pursuant to them. And until that action is taken, a response cannot be launched. Because which federal statute applies - or whether any federal statute applies - depends solely on the particular facts and parties involved.

Because there are myriad possibilities that would lead to many different facts that would need to be addressed under different federal authorities, it's not only extraordinarily difficult but would be egregiously irresponsible for DOJ to preemptively announce what specific action they plan to take other than to say they are exploring all of the possibilities.

calimary

(81,350 posts)
130. Just give 'em time on the "the women aren't in trouble" part.
Wed Sep 8, 2021, 07:11 PM
Sep 2021

They WILL get to that, too. Sooner or later. The goal is subjugation of women. Ideally, seems to me, they want us out of the boardrooms and back in the kitchens and bedrooms. And we women should get our uppity little selves back to where our “place” is.

ejbr

(5,856 posts)
16. When is he gonna announce
Mon Sep 6, 2021, 02:34 PM
Sep 2021

That he is going to protect Americans from Trump and the other insurrectionist leadership? I haven't heard him speak on this recently.

AZSkiffyGeek

(11,033 posts)
17. This has what to do with abortion in Texas exactly?
Mon Sep 6, 2021, 02:39 PM
Sep 2021

If you want to bash Garland for not arresting Trump, why not start an OP about that?

 

StarfishSaver

(18,486 posts)
26. I don't know about you, but I'm sure many of the people who reacted as you do won't be "ecstatic"
Mon Sep 6, 2021, 02:56 PM
Sep 2021

They'll just be pissed that they were proven wrong ... and then they'll find something else to complain about since nothing anyone does will ever be good enough.

ejbr

(5,856 posts)
35. They exist, I'm sure
Mon Sep 6, 2021, 03:05 PM
Sep 2021

And my post is more from my frustration than any feeling toward the AG. and though this may not have so much to do with him, but I'm thrilled the insurrectionists are getting a dose of reality in court rooms.

And back to the topic at hand, I am pleased that we have an AG on the side of women and who is taking this outrage seriously. I am rooting for him.

 

StarfishSaver

(18,486 posts)
25. Actually, it has more to do with people who haven't a clue how government or federal law or DOJ work
Mon Sep 6, 2021, 02:54 PM
Sep 2021

looking for every excuse possible to trash the Attorney General and President Biden (directly and indirectly) for not taking actions they can't even articulate (Besides "get TOUGH!" DO Something! Play HARDBALL! Lock 'em up NOW!!!&quot .

ejbr

(5,856 posts)
28. I am drawing these conclusions
Mon Sep 6, 2021, 02:58 PM
Sep 2021

based on the musings of a respected federal prosecutor, not some rando on the internet who thinks they're more knowledgeable than someone extremely familiar with evidence and bringing a case before a Federal Judge. How silly of me.

AZSkiffyGeek

(11,033 posts)
38. Is it that one who said we need to nationalize all doctors
Mon Sep 6, 2021, 03:06 PM
Sep 2021

Because apparently feds aren't subject to state laws?

ejbr

(5,856 posts)
54. Apologies
Mon Sep 6, 2021, 03:45 PM
Sep 2021

I took us down an unnecessary path as his critic is retired and I concur an active federal prosecutor should never critique strategy of AG. Nonetheless, I'm impatient. I have no qualms with Garland, I'm just impatient.

ejbr

(5,856 posts)
56. I agree
Mon Sep 6, 2021, 03:47 PM
Sep 2021

I am not only comparing apples and oranges, but also realize an active federal prosecutor should not critique the AG. My bad.

Response to ejbr (Reply #21)

ARPad95

(1,671 posts)
37. Oops! I thought he was Republican (confused him with someone else). I deleted my comment.
Mon Sep 6, 2021, 03:06 PM
Sep 2021
https://ballotpedia.org/Merrick_Garland

Thank you for prompting me to verify.

Goodheart

(5,334 posts)
49. Hmmmm. So he announces he's going to do what they've already been doing?
Mon Sep 6, 2021, 03:31 PM
Sep 2021

This doesn't in any way seem an actual legal, consequential, active counter to the Texas law.

 

StarfishSaver

(18,486 posts)
50. Please state specifically what YOU think DOJ should do right now?
Mon Sep 6, 2021, 03:33 PM
Sep 2021

Include in your response the federal laws and authorities that support the mediate action you propose.

Goodheart

(5,334 posts)
51. I don't know that I have an answer.
Mon Sep 6, 2021, 03:36 PM
Sep 2021

Perhaps upon the first arrest of or suit against a Texan take that state to court for violations of a person's constitutional civil rights?

 

StarfishSaver

(18,486 posts)
57. So you think that what they should do can't be done right now?
Mon Sep 6, 2021, 03:48 PM
Sep 2021

So why frame your reaction to what they're doing now as a criticism "not an actual legal, consequential, active counter to the Texas law"?

Goodheart

(5,334 posts)
60. I think the case would be stronger if somebody has already been injured.
Mon Sep 6, 2021, 03:52 PM
Sep 2021

I'm not opposed to the announcement of this enforcement. I just don't think it does much.

 

StarfishSaver

(18,486 posts)
64. What people are missing
Mon Sep 6, 2021, 04:01 PM
Sep 2021

Is that this announcement is not just about protecting women from the specific provisions of the new Texas law. DOJ surely knows - as we all should know - that this new law signaled that women in Texas are fair game and are in danger of violence and intimidation, not necessarily stemming from direct enforcement of the new law. The fact that the new law is supposedly aimed at people who help women seeking abortions and not the women themselves is beside the point The women ARE the target and the point is to prevent them from obtaining abortions and having autonomy over their own bodies. That now-state-sanctioned goal will be pursued through many means, not just civil lawsuits.

Texas has declared open season on women and Garland and DOJ are getting out in front and warning the state and its inhabitants that DOJ will fully enforce federal law to protect women from abortion-related violence. If he had not said anything and violence against women and abortion providers ensued, Garland would have been attacked for not getting in front of the issue.

The point of this announcement is to try to DETER and PREVENT violence, not just to prosecute it after it was committed - since every prosecution represents a harm already inflicted.

PortTack

(32,779 posts)
67. Kudos to you Starfish...always calm and knowledgeable. More of what we need right now
Mon Sep 6, 2021, 04:10 PM
Sep 2021

Just because our DOJ is not slamming his fist on the podium does not mean he’s not wielding a VERY big stick!!

BlueIdaho

(13,582 posts)
65. I'm sorry but I need to see some action.
Mon Sep 6, 2021, 04:04 PM
Sep 2021

Talk is cheap - it’s time for the DOJ under Garland to actually DO things to protect all our rights - starting with Choice and followed quickly by Voting rights.

BlueIdaho

(13,582 posts)
81. How about ANYTHING
Mon Sep 6, 2021, 04:46 PM
Sep 2021

That looked like a bold progressive step back to the middle. Do you have any ideas or are you happy to read yet another strongly worded memo while Trumpers put the constitution in the shredder?

Politicub

(12,165 posts)
103. There are lots of things happening. Be curious.
Mon Sep 6, 2021, 11:17 PM
Sep 2021

I’m not going to engage in a ‘turtles all the way down to “constitution in the shredder”’ discussion.

AG Garland is working within the law in an airtight manner. It may seem methodical, because that’s the way in which the justice department goes about its work.

There are so many legal fights on many fronts right now. AG Garland needs our support as the Democratic Party rises to meet them. Liberal grassroots organizations are strong, and they’re part of this fight, too. Marches and demonstrations are popping up, and a national Women’s March is in the works. There are lots of ways to get involved.

BlueIdaho

(13,582 posts)
78. So you are perfectly happy with strongly worded memos?
Mon Sep 6, 2021, 04:43 PM
Sep 2021

I’m no expert but it seems we hired a guy who is suppose to do more than wag his finger at these Trumpers. I’m waiting.

 

StarfishSaver

(18,486 posts)
82. Please share with us your ideas or what DOJ is supposed to do right now
Mon Sep 6, 2021, 04:48 PM
Sep 2021

that they're not doing.

Be precise. Explain exactly what that action would be and cite the specific legal authority under which that action would ensue.

BlueIdaho

(13,582 posts)
85. Yeah, you said that already.
Mon Sep 6, 2021, 04:50 PM
Sep 2021

Answer my question - are you satisfied with strongly worded memos? If yes, we’re done here.

 

StarfishSaver

(18,486 posts)
92. Strongly worded memos are not involved here, so your question is a ridiculous dodge
Mon Sep 6, 2021, 05:09 PM
Sep 2021

But your refusal to offer any alternative has answered my question.

andym

(5,444 posts)
74. The Texas law was designed to put abortion clinics in TX out of business
Mon Sep 6, 2021, 04:28 PM
Sep 2021

and force women to either not get an abortion because there is no such procedure available or leave the state. Will the DOJ protect abortion clinics and doctors in TX from lawsuits? Will be interesting to see what the DOJ does.

 

StarfishSaver

(18,486 posts)
80. If you read Garland's statement, you'll see that
Mon Sep 6, 2021, 04:45 PM
Sep 2021

this action isn't limited to the Texas law but a broader salvo across the bow at Texas.

Jon King

(1,910 posts)
75. Its a bluff, the Repugs will never actually file any cases.
Mon Sep 6, 2021, 04:33 PM
Sep 2021

Nothing but a scare tactic. There will never be even one case filed. The first case filed will be blasted from all angles by progressive lawyers. Medical records protections, federal civil rights, cross suits for mental anguish, etc.

 

StarfishSaver

(18,486 posts)
83. This is about more than the civil lawsuits
Mon Sep 6, 2021, 04:50 PM
Sep 2021

Garland is warning them about going after women in other ways, as well.

Zeitghost

(3,863 posts)
87. Unless I missed something
Mon Sep 6, 2021, 04:57 PM
Sep 2021

All he's saying is that he will enforce laws already on the books. I appreciate the message, but he can't prevent enforcement of the TX law.

 

StarfishSaver

(18,486 posts)
93. DOJ can only enforce law already on the books. They don't make laws
Mon Sep 6, 2021, 05:11 PM
Sep 2021

And they have the discretion to step up or scale back enforcement depending on need and resources. Garland has put Texans on notice that they're going to go full bore at them on this.

And DOJ never claimed it would "prevent enforcement of the TX law."

The responses in this thread are fascinating. On the one hand, people demand that DOJ DO something. And when they do something, some of those same people dismiss it.

It's clear that some folk just want to complain and really aren't interested in solutions.

Zeitghost

(3,863 posts)
101. Precisely my point
Mon Sep 6, 2021, 10:55 PM
Sep 2021

Some seem to be taking this as the DOJ is going to step in and put a stop to this, they won't because they can't. And it's not their fault, it's the way the system works.

Jon King

(1,910 posts)
89. Garland should also announce that DOJ will defend any case brought.
Mon Sep 6, 2021, 04:58 PM
Sep 2021

If they ever bring even one case, the DOJ must step forward and immediately file civil rights violations to protect the women. An abortion up until viability is the law of the land.

There needs to be a test case as soon as possible. Force their hand, force them to file a case.

Zeitghost

(3,863 posts)
91. Which law would that be?
Mon Sep 6, 2021, 05:07 PM
Sep 2021

"An abortion up until viability is the law of the land."

The problem is that it's not at the federal level or in TX.

bucolic_frolic

(43,206 posts)
108. Concerned with deputizing the public to fleece people with financial punishment
Tue Sep 7, 2021, 06:59 AM
Sep 2021

This is just inhumane, un-American, mean-spirited. It's a frontier, vigilante mindset. If allowed to stand it could become a model for other issues that divide us into the oppressed, the hated, the goody-two shoes. It's a friendly form of Nazism in my view because they were all about legalized plunder as well.

OneCrazyDiamond

(2,032 posts)
109. Is he saying it will be criminal
Tue Sep 7, 2021, 09:50 AM
Sep 2021

To file a lawsuit? Is that a new thing in our system? Like has that happened before?

 

StarfishSaver

(18,486 posts)
110. No, that's not what he's saying
Tue Sep 7, 2021, 10:04 AM
Sep 2021

He's saying that the Justice Department will crack down hard on anyone violating the Freedom of Access to Clinic Entrances Act, which makes it a crime to use violence or intimidation to prevent a woman from having an abortion. He didn't say that DOJ would prosecute anyone for bringing a civil suit under the new Texas law.

 

StarfishSaver

(18,486 posts)
113. Actually, it will do quite a lot.
Tue Sep 7, 2021, 01:29 PM
Sep 2021

But if you think it won't, what is your suggestion for action that WILL do a lot?

 

StarfishSaver

(18,486 posts)
117. There can be no doubt the new law will embolden vigilantes to take matters into their own hands
Tue Sep 7, 2021, 02:22 PM
Sep 2021

far beyond simply filing lawsuits. It is very likely that intimidation and violence against women and medical providers will ramp up as a direct result of the new law. It's also very likely that state and local authorities will go look the other way or wrist slap the perpetrators of these crimes.

Garland has put everyone on notice that DOJ will make it a top priority to prosecute anyone who uses violence or intimidation to interfere with women's ability to obtain abortions.

This is not a small thing.

 

StarfishSaver

(18,486 posts)
121. It IS something new
Tue Sep 7, 2021, 04:42 PM
Sep 2021

Prosecutors have wide discretion of what to prosecute and must pick and choose what cases to step in on. Given the limited resources of the federal government, when DOJ announces it's making a priority to prosecute certain cases that haven't been a priority in the past, that's a BFD.



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