DU legal experts: Can a suit be brought arguing that the Texas abortion law...

[brush]

is unconstitutional as it clearly violates Roe v Wade?

[TrogL]

1. I'm wondering if it's more nuanced

My understanding is that citizens cannot directly enforce a felony in court, they can only do a tort.

A tort requires damages, for which none are in evidence.

Instead what's happening is the state is attempting to deputize citizens for which I believe there's a separate process, something along the lines of the militia mentioned in the 2nd Amendment or perhaps a posse.

Is this legal?

[Frasier Balzov]

6. The Texas fetal heartbeat law establishes a liquidated damages award.

No proof from the plaintiff is required to show that they have been harmed.

Hence the statutory award is being characterized, and rightly so, as a bounty.

[pwb]

2. I think we should wait and see what happens in Texas after this?

Woman may rise up. And men, who won't get as much. States rights are a tough fight. Cannibis is illegal federally yet it is legal in many states? Plus pukes want that challenge, can of worms.

[Hoyt]

3. There will be plenty of challenges to this law. It'll take years to play out.

[Frasier Balzov]

4. It is certainly going to be challenged on that basis.

Roe kept the first trimester entirely free from interference from the state or anyone else.

This Texas fetal heartbeat law invites interference by everyone as soon as six weeks following conception.

The refusal of the SCOTUS majority to enjoin the Texas law from going into effect signals that Roe is going to be overturned, and that the legality of abortion will be a state-by-state question.

Contraceptives could very well wind up being treated similarly.

[tritsofme]

5. That was essentially what failed today. When there is an actual defendant

They will be able to challenge the constitutionality of the law.

[brush]

7. Ahhh...have to wait until then?

[ymetca]

8. Seems like

this insane law might incentivize a pregnant women to immediately "turn in" the man who "knocked her up", as attempting to force her to have an abortion. Even just saying, "are you going to keep it?" could be construed as coercion.

Any judge could just bang the gavel and say "pay her $10K Texas". ??

[smirkymonkey]

11. +1000

This obviously was not thought through very well - typical of republicans.

I predict the whole ordeal is going to get very ugly before this "law" goes down in flames.

[rdking647]

9. as a member of the satanic temple which considers abortion a sacred right

the tst has sued texas for violating their religious freedom

[JudyM]

10. A sacred right. Good description.