- The fate of a Texas lawbanning most abortions

in the Lone Star State

may soon be in the handsof the Supreme Court.

The Supreme Court already allowed

the Texas abortionrestrictions to take effect,

now the Biden administrationis pushing the High Court

to rule on the law's Constitutionality.

So far, the Texas lawhas outmaneuvered courts

by putting enforcements inthe hands of private citizens

who are encouraged to sue anyone

who assists in ending a pregnancy

further than six weeks along

or after a heartbeat isdetected in the womb.

The push from the Justice Department

comes after the failure ofat least three DOJ attempts

to block the law infederal appeals courts.

- Well, here now, Chuck Donovan,

president of the CharlotteLozier Institute.

Chuck, thanks for joining us tonight.

The Supreme Court already weighed in,

allowing the Texas law to go in effect.

Chuck what is it about this law

that has made it so that judges

and court panels keep it going

and is this attempt, this latest attempt,

by the Biden administration

to get the High Court to halt the law

any different than the one before?

- Well, I think it's becausethe stakes in this case

are fairly high, to say the least.

It activates when theunborn child has a heartbeat

that has been detected by the abortionist.

That could be as early as six weeks,

something that many Americans don't know,

certainly many women don't know,

and the stakes are very high.

And it also does somethingunprecedented, as you mentioned,

it authorizes privatecitizens to bring action,

and apparently even citizensoutside the state of Texas,

to sue the abortion providerfor $10,000 in maximum damages

if they perform an abortion.

The problem with the case

is so you have to havea case or a controversy,

you have to have actual litigants.

And what the Justice Department

and the plaintiffs below are asking

is for the Court to kind of imagine

what sort of case might happen

and then make a rulingenjoining everyone in Texas

from acting on this law.

I don't think that's going to work.

I think you'll see repeated attempts,

but I think the focus shouldremain on the Dobbs case.

- Chuck, could the High Court rule

on the Constitutionalityof the Texas abortion law

and if so, what could thatmean for the pro-life movement?

- Well, I think there'scertainly a chance they can.

You know, everyone wants to have money.

We're a gambling society now,

so people are putting their bets

on which case will reach the Court.

My personal one, eventhough I'm not a gambler,

is that it will be Mississippi,and it's 15 weeks long.

The reason is clear.

The Supreme Court hascertified the potent issue

whether or not states may banabortion prior to viability,

which has moved three orfour weeks since 1973.

The science is overwhelming

about what's happeningto babies at that stage.

They pump 26 quarts of blood a day,

they interact with their environment.

If they're twins, theyinteract with each other.

That's the case I think the Court's

gonna wanna deal with first

and it will, in all likelihood,resolve Texas as well.

- Chuck, since the lawtook effect in September,

Texas women, and evena girl as young as 12

have sought abortionsin neighboring states,

some driving hours throughthe middle of the night.

Does forcing women totake such drastic measures

actually lead to fewer abortions

or to the argumentpro-abortion advocates make,

does it potentially endanger women

who are already desperate enough

to make such a devastatingdecision to end a pregnancy?

- I think we have to lookat exactly everything

that Texas has done.

It's one of a hundred laws

that have been passed around the country.

They cover a wide range of topics.

Texas added $100 million toits pregnancy support budget.

Texas is likely soon tobe surrounded by states

that will protect the unborn.

(indistinct) possibly the exception.

And the truth is that you haveto go along with these laws,

you have to have support for women.

Texas is doing that.

There are 200 pregnancy centers in Texas

that have spent $33million in the last year

in pregnancy support,according to our new report.

If we have an attitude of support...

And by the way, the abortion industry

wants to handle all this byshipping pills to minor girls.

That's exactly the kind ofthing a parent might want to sue

an abortionist for doingin the state of Texas.

- All right, Chuck Donovan

with the Charlotte Lozier Institute.

It's great to have youwith us this Friday.

Thank you, sir.

- My.