The president, the vice president, Democrats in Congress, progressive activists, and their allies in the media denounced the Texas law with incredible speed. Why? Not just because they are passionate defenders of abortion. Because they sense a political opportunity. Biden said that he would “launch a whole-of-government effort to respond to this [i.e., the Court’s] decision.” Nancy Pelosi said that she would bring to the floor the “Women’s Health Protection Act,” which would eliminate practically all restrictions on abortion nationwide. Former solicitor general Neal Katyal tweeted that Senate Democrats should break the filibuster to codify abortion rights. The disaster in Afghanistan vanished from the front pages. Stories on the Texas bill appeared instead.

These are stories that Democrats want to see. For the fact of the matter is that the Texas heartbeat law cuts against public opinion on abortion. “Most Americans do not want to overturn Roe v. Wade, but they have long supported restrictions on its use, including solid opposition to second and third trimester abortions,” wrote my American Enterprise Institute colleague Karlyn Bowman in 2020. The restrictions in the Texas law are imposed during the first trimester. They don’t include exemptions in cases of rape or incest. Abortion clinics say they are turning away women for fear of litigation.

What better material for a Democratic president and progressive movement eager to change the subject from their own incompetence to the fanaticism of their opponents? The subtleties of Senate Bill 8—the fact that its text says Roe may be a valid defense against it so long as Roe is controlling precedent—won’t be mentioned in the media firestorm. The media doesn’t do subtlety. It’s not their bag.