General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSeriously: re- the legal issues re- the TX anti-abortion law
I'm hoping there are people here who know more than me who can help explore the actual legal issues.
If putting enforcement in the hands of private parties works to defeat constitutionally protected rights, why couldn't all other constitutional rights be nullified by the same mechanism? Could legislatures give private parties the power to sue gun sellers? Could former Confederate States pass laws prohibiting state officials from enforcing slavery but allowing private parties to do so?
On another point, what constitutes "state action" subject to constitutional restrictions: the action of the legislature in passing such a law? The action of a court in entertaining a suit by a private party based on the law? Aren't such restrictions relatively toothless if they only applies to arrests by or fines payable to state officials?
I realize the S. Ct. disclaimed any opinion re- constitutionality, but what if the law is unconstitutional on its face?
elleng
(130,156 posts)waiting to hear from more thoughtful lawyer-types than I.
The S. Ct. disclaimed any opinion re- constitutionality TEMPORARILY.
'"In reaching this conclusion," the opinion said,
we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants lawsuit. In particular, this order is not based on any conclusion about the constitutionality of Texas law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts.'
AZSkiffyGeek
(10,814 posts)that will pass muster to challenge the constituitionality of the law. At that point it can be blocked.
But I'm concerned that the bounty lawsuits won't materialize, because as long as the threat is there, it's creating a chilling affect and abortions aren't happening. Once someone tries to collect a bounty, the law will likely be blocked and abortions can resume.
elleng
(130,156 posts)CTyankee
(63,771 posts)encountered the "bounty hunter" tactic being introduced here. Part of me would like to believe that this is an act of desperation in the face of utter defeat. I think they understand that introducing this measure is extreme and bound to get them even more unpopular than they already are with younger people (young educated women and men in their twenties or thirties). It's either that or that their fanaticism has unhinged them. They've given up trying to be seen as "reasonable." Or they have romanticized themselves as "freedom fighters" a la World War 2 and fighting the Nazis (which they have already done but not successfully). I suspect Amy Conan Bryant is their "angel of destruction."
As much as I hate to dabble in psychology where I am not qualified, I think I am onto something. For what that's worth...