Attorney General Merrick Garland is suing Texas over its heartbeat abortion law, and he’s basing it on Constitutional grounds. Garland justified his suit with this:
This kind of scheme to nullify the Constitution of the United States is one that all Americans, whatever their politics or party, should fear[.]
The obvious and expressly acknowledged intention of this statutory scheme is to prevent women from exercising their constitutional rights by thwarting judicial review for as long as possible[.]
It’s a good thing Garland wasn’t approved for the Supreme Court; his ignorance of our Constitution is breathtaking (and it makes him unfit to sit as AG).
There is no Constitutional right to an abortion; there are only Supreme Court rulings to that effect. Supreme Court rulings have the force of law unless and until they’re overruled, but those rulings do not amend our Constitution, even when they purport to interpret a clause in our Constitution–only We the People can do that.
Garland may or may not have a legal case to make, but he has no Constitutional case to make.