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U.S. Sen. Ted Cruz of Texas is leading a charge to protect access to in vitro fertilization as conservative states scramble to figure out where IVF fits in the new anti-abortion legal landscape.

On Monday, Cruz and Sen. Katie Britt of Alabama, both conservative, anti-abortion Republicans, filed the IVF Protection Act, which would make states ineligible to receive Medicaid funding if they ban IVF.

This bill comes in response to a ruling from the Alabama Supreme Court earlier this year that said embryos are protected human life when it comes to the state's wrongful death statute. After that ruling, many IVF providers paused those services until the Alabama Legislature passed temporary protections.

The Texas Supreme Court is considering taking up a case that could “upend IVF in Texas,” experts say. A woman has asked the court to overturn previous court rulings that awarded her ex-husband their three frozen embryos in their divorce, arguing that Texas' new abortion laws require embryos to have the same rights as living children.

Almost as soon as the U.S. Supreme Court overturned Roe v. Wade in summer 2022 and allowed states to ban abortion, questions emerged about the legal status of IVF.

In a Wall Street Journal op-ed announcing this legislation, Cruz and Britt said Republicans want to “protect both life and IVF.”

“IVF has given miraculous hope to millions of Americans, and it has given families across the country the gift of children,” Cruz said in a statement. “I'm proud to partner with Sen. Katie Britt to ensure that couples in Texas and across the country have the opportunity to be loving parents, by ensuring that IVF is fully protected at the federal level.”

IVF is “profoundly pro-family,” the pair wrote in the op-ed. “Our bill will honor and support families seeking to welcome a new baby into their lives through IVF.”

Cruz is up for reelection this year, facing Democratic Congressman Colin Allred, who has made Cruz's support for Texas' abortion laws a key part of his campaign. In a statement after the Alabama court ruling, Allred said Cruz had done nothing to protect IVF, and his “dangerous record” on abortion and fetal personhood issues puts Texas families “rights and freedoms at risk.”

Texas Gov. Greg Abbott has expressed his support for IVF, saying he believes the Legislature will clarify state law to protect the procedure.

Meanwhile, in D.C., Senate Democrats have tried unsuccessfully to pass two bills to protect IVF access, and House Speaker Mike Johnson has said he believes this is an issue best left to the states.

Pointing out that 86% of Americans believe IVF should be legal, Cruz and Britt say this should be a bipartisan bill that protects “life, family and personal liberty.”

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Former President Donald Trump said he would consider tapping Ken Paxton for U.S. attorney general if he wins a second term in the White House, calling his longtime ally “a very talented guy” and praising his tenure as Texas' chief legal officer.

“I would, actually,” Trump said Saturday when asked by a KDFW-TV reporter if he would consider Paxton for the national post. “He's very, very talented. I mean, we have a lot of people that want that one and will be very good at it. But he's a very talented guy.”

Paxton has long been a close ally of Trump, famously waging an unsuccessful legal challenge to Trump's 2020 election loss in four battleground states. He also spoke at the pro-Trump rally that preceded the deadly U.S. Capitol riot in January 2021.

Paxton's loyalty was rewarded with an endorsement from Trump in the 2022 primary, which helped the attorney general fend off three prominent GOP challengers.

Trump also came to Paxton's defense when he was impeached last year for allegedly accepting bribes and abusing the power of his office to help a wealthy friend and campaign donor. After Paxton was acquitted in the Texas Senate, Trump claimed credit, citing his “intervention” on his Truth Social platform, where he denounced the proceedings and threatened political retribution for Republicans who backed the impeachment.

“I fought for him when he had the difficulty and we won,” he told KDFW. “He had some people really after him, and I thought it was really unfair.”

Trump's latest comments, delivered at the National Rifle Association's annual convention in Dallas, come after a series of recent polls have shown the presumptive Republican nominee leading President Joe Biden in a handful of key battleground states.

Paxton has also seen his political prospects rise in recent months, after prosecutors agreed in March to drop three felony counts of securities fraud that had loomed over Paxton for nearly his entire tenure as attorney general. The resolution of the nine-year-old case, along with Paxton's impeachment acquittal in the Senate last fall, has brought him closer than ever to a political career devoid of legal drama.

Still, Paxton's critics say he is far from vindicated. He remains under federal investigation for the same allegations that formed the basis of his impeachment, and he continues to face a whistleblower lawsuit from former deputies who said they were illegally fired for reporting Paxton to law enforcement. A separate lawsuit from the state bar seeks to penalize Paxton for his 2020 election challenge, which relied on discredited claims of election fraud.

If nominated, Paxton would need to be confirmed by the U.S. Senate. The chamber is narrowly divided along party lines, with Democrats holding a 51-49 majority. One of the most prominent Republican members, U.S. Sen. John Cornyn of Texas, has been an outspoken critic of Paxton, while Paxton has openly entertained the idea of challenging Cornyn in 2026.

Paxton is not the only Texan Trump has floated for a high-profile spot in his potential administration. In February, he said Gov. Greg Abbott is “absolutely” on his short list of potential vice presidential candidates. Abbott has since downplayed his interest in the job.

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HARRIS COUNTY — After the floodwaters earlier this month just about swallowed two of the six homes that 60-year-old Tom Madigan owns on the San Jacinto River, he didn't think twice about whether to fix them. He hired people to help, and they got to work stripping the walls, pulling up flooring and throwing out water-logged furniture.

What Madigan didn't know: The Harris County Flood Control District wants to buy his properties as part of an effort to get people out of dangerously flood-prone areas.

Back-to-back storms drenched southeast Texas in late April and early May, causing flash flooding and pushing rivers out of their banks and into low-lying neighborhoods. Officials across the region urged people in vulnerable areas to evacuate.

Like Madigan's, some places that were inundated along the San Jacinto in Harris County have flooded repeatedly. And for nearly 30 years, the flood control district has been trying to clear out homes around the river by paying property owners to move, then returning the lots to nature.

The recent floods show why buyout programs can be important. These spots typically flood first and worse. Gov. Greg Abbott reported that hundreds of rescues took place in the state while the floods destroyed homes. A man drowned and a child was swept away into the floods. One Harris County resident described climbing on top of his motor home as the water rose before first responders rescued him.

But the disaster and its aftermath also illustrate why buyouts are complicated to carry out even in Harris County, home to Houston, which has one of the most robust buyout programs in the country. The flood control district has identified roughly 2,400 properties as current buyout candidates around the San Jacinto; the district and county have bought about 800 of them.

Nearly all of the district's buyouts are voluntary. If an owner doesn't want to sell, the district can't force them out.

Buyouts make sense for some people who can't be protected from floods, said Alessandra Jerolleman, director of research for the Center on Environment, Land and Law at Loyola University New Orleans College of Law.

But buyouts might not provide lower-income people enough money to get somewhere safer, she said, and they could lose important support like child care from nearby family or neighbors.

“It's not as though it's a guarantee of reducing risks to that family,” Jerolleman said.

People who live near the river and who have endured repeated floods explained that they've stayed because it's affordable and, most of the time, peaceful. Where else would they be able to buy anything like it? Some said they didn't think the government would offer them what they consider a fair price to sell their land. Some didn't know the buyout program existed.

Madigan started buying homes more than 15 years ago in the unincorporated River Terrace neighborhood because they were cheap. On Tuesday, the Houston firefighter drank a Heineken and grilled hamburgers for his work crew outside his most damaged house, which he rents to his brother. Sodden rugs baked in the sun on the driveway.

Madigan said he might have taken a buyout if it was a reasonable offer — but he doubted it would be. He said he needed to get the properties ready again for his renters. “I can't wait,” he said.

Two blocks away, water had swept through a yellow house Madigan rents to a family with a teenage son. One of the workers fixing the property, 21-year-old Omar Reyna, watched the family throw out pretty much everything they had. Piecing together new laminate flooring with his dad, Reyna kept thinking about a trash bag of Teddy bears and stuffed toys he tossed out for them.

He wondered if the parents had been saving the toys for another kid they might have in the future.

“The faster we get it done, the faster they can come back in here,” Reyna said.

Some people choose to live with the risk of flooding

The San Jacinto is the largest river in the state's most populous county. For years before Harris County's first floodplain maps were drawn up in the mid-1980s, people built homes near its banks. Even today, people can still build in the vast floodplain if the houses are high enough and have enough stormwater detention.

The flood control district tries to buy out homes in pockets of the floodplain that are deepest, said James Wade, manager for the district's property acquisition department. Those are places where engineers can't easily fix flooding problems.

Buyouts are meant to get people out of flood zones before their property floods again, not to help in the immediate aftermath of a disaster. The process is slow: In some cases, it can take 18 months or longer to approve a buyout application, Wade said. The district pays owners the market value or pre-flood value for their house, determined by a third-party appraiser, plus moving expenses and a supplement to help them get into a house out of the floodplain, Wade said.

“It's a very equitable, fair program,” Wade said — but still some people don't want to leave.

Those who stay learn to adapt. They build homes on stilts. They monitor the river level and watch for releases of water from the Lake Conroe dam upstream. Some know intimately the routine of rebuilding: gut the house, clean it, put it back together.

The floor of 49-year-old Sean Vincent's house in the Forest Cove neighborhood in northeast Houston is 15 feet above the ground. Three feet of water flooded it when Hurricane Harvey hit in 2017. This month, the floods reached five feet high on Vincent's property. He cleaned out his waterlogged ground-level shed with help from church members. On Tuesday, he was building new shelves for it.

But most of the time Vincent, who works in railroad traffic control, said he enjoys the space surrounded by tall trees with room for his three kids.

“It's just really not a major part of our life,” Vincent said of the flooding. “Yes, it's inconvenient. Yes, it's now happened to us twice in seven years … It's sort of a trade-off for us. And it is lovely out here.”

“Where are you going to go?”

Then there are those who stay because they don't see anywhere else to go.

Jack St. John, 67, a retired long-haul truck driver, moved to Northshore 43 years ago and has had to clean up after two floods. He worries any time flooding threatens, but the neighborhood's advantages keep him there: He has no water bill because he has a well. His taxes are reasonable. The neighborhood has a fish fry in the spring and a barbecue in the fall.

“You know, when you leave, where are you going to go?” he said. “What's it going to cost to buy into another place?”

Farther northeast, in the Idle Wild and Idle Glen neighborhoods, the floods forced some residents to sleep under tarps. On one largely forested street, boats were turned sideways or flipped upside down. A small building was lodged in the trees. A car was in the ditch.

For several years, Elvia Bethea, 68, has driven from her home in Humble to check on people and pets here, and pick up stray animals. On Tuesday, she and other volunteers gave John Gray, 50, bamboo yard torches to fight the many mosquitoes, plus two trays of chocolate-covered strawberries.

Gray said he couldn't afford to fix up his destroyed house. He earns a living printing labor law posters for businesses. His printers at home were destroyed.

Gray said he had never heard of the buyout program but would consider taking one.

“Who do I call?” Gray asked. “I don't have a clue.”

From the back of a white SUV, Bethea handed some hot dogs to Jose Tabores, 68, who lives on Gray's land in a trailer now filled with mud.

“I'm coming for dinner, remember!” Bethea teased him.

Nearby, 51-year-old Veronika Scheid had been sleeping in a wet tent. The flood washed the shipping crate she lived in down the road and into the trees — along with her and her neighbors' belongings.

At a low point, when Scheid was crying over all she lost, she found a pink-and-white beaded necklace with stitching in the shape of a “V,” like her name. At the end was a charm shaped like a house.

She was grateful the person who owned the land where she stayed hadn't taken a buyout. Otherwise she would have nowhere to go.

“At least we have this,” Scheid said.

We've got big things in store for you at The Texas Tribune Festival, happening Sept. 5–7 in downtown Austin. Join us for three days of big, bold conversations about politics, public policy and the day's news.