Democratic AGs Pledge to Protect Abortion Access After Supreme Court Fails to Block Texas’ Abortion Ban

December 10, 2021

Washington, DC — Today, the U.S. Supreme Court failed to block Texas’ six-week abortion ban and protect Texans’ constitutional rights. The decision allows abortion providers in Texas to continue to pursue part of their challenge to the law but ruled that the health care providers could not bring suit against others, including Texas’ Attorney General. The Court also denied the Biden Administration’s request to block the enforcement of the law, a case in which Democratic AGs filed an amicus brief challenging the ban.

Democratic Attorneys General Association (DAGA) Co-Chairs Nevada AG Aaron Ford and Delaware AG Kathy Jennings expressed alarm about the Court’s decision and vowed to protect reproductive rights and abortion access across the country.

Statement from DAGA Co-Chairs Nevada AG Aaron Ford and Delaware AG Kathy Jennings:

“Today, the U.S. Supreme Court failed to protect the constitutionally protected right to abortion. While the ruling allows abortion providers in Texas to continue some of their challenges to the law, patients are still being denied their basic right to an abortion, as they have been for the past 100 days. By failing to block the law, today’s decision flies in the face of the nearly 50 years of precedent that ensures a constitutional protection that has been guaranteed. As Democratic Attorneys General, we vow to protect reproductive health care and abortion access at all costs.

“We stand with our partners in Texas and across the country who are fighting to stop this egregious law and every law that aims to restrict abortion access. As Democratic Attorneys General, we will continue to protect abortion access in the states and fight back against the Republican Attorneys General, like Texas AG Ken Paxton, who have been relentlessly attempting to restrict abortion access for decades.

“We will continue to use every legal tool to ensure all Americans, no matter where they live, can exercise their constitutional right to reproductive freedom. With 30 AG seats on ballots across the country in 2022, it is more important than ever to elect Democratic Attorneys General who will fight to protect abortion access.”


  • 18 Republican AGs filed an Amicus Brief in support of Mississippi’s 15-week abortion ban.
  • In 2019, the Democratic Attorneys General Association became the first — and remains the only — Democratic Party committee committed to only supporting AG candidates who publicly support protecting reproductive rights, including access to abortion. Read more here.
  • Democratic AGs have a long track record of speaking up and fighting back against attacks on people’s reproductive rights:
    • Democratic AGs decried SCOTUS’ decision not to review the case initially, ultimately resulting in SCOTUS reviewing the case later on. Democratic AGs filed an amicus brief challenging Texas’ egregious 6-week abortion ban.
    • As access to reproductive care came under attack during the COVID-19 crisis, Democratic AGs recommitted their support to protecting reproductive rights.
    • Democratic AGs were involved in protecting June Medical Services, an abortion clinic that came under attack in Louisiana.
    • Democratic AGs spoke up around the “6-week abortion ban” in Georgia in 2019.


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