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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJustice Dept. has filed a lawsuit over Texas abortion restrictions
Kyle Griffin @kylegriffin1 1mBreaking: The Justice Department has filed a lawsuit against Texas over the state's abortion ban.
Link to tweetLink to tweet
Garland on Texas abortion law: This kind of scheme is one that all Americans should fear.
https://abcnews.go.com/Politics/biden-justice-department-expected-file-suit-texas-restrictive/story
Doina Chiacu @DoinaChiacu 8m
"It takes little imagination to discern Texass goalto make it too risky for an abortion clinic to operate in the State, thereby preventing women throughout Texas from exercising their constitutional rights, while simultaneously thwarting judicial review." court filing
Zoe Tillman @ZoeTillman
...case is live: https://s3.documentcloud.org/documents/21060095/9-9-21-us-v-texas-complaint.pdf
Wednesdays
(17,249 posts)Garland and the Dems are just sitting on their butts!
Mad_Machine76
(24,355 posts)Well...........
FBaggins
(26,697 posts)but coming within days
bigtree
(85,919 posts)"After careful assessment of the facts and the law, the Justice Department has filed a lawsuit against the state of Texas," Attorney General Garland says on restrictive Texas abortion law. https://abcn.ws/3zUudpY
First glance - this one rests on line 11
Defendant, the State of Texas, is a State of the United States. The State of Texas
includes all of its officers, employees, and agents, including private parties who would bring suit under S.B.8.
The law will almost certainly be placed on hold as soon as they can find someone to sue. Its unclear whether this gets us any closer than the last suit. But it should be much easier as soon as some clinic is actually sued under the law.
The theory here appears to rest on whether someone who brings a civil suit under a state law is an agent of the state when they do so. That strikes me as far from clear. If I sue you for trespassing, Im not really an agent of the state when I do so just because its a state law.
Reading further
they sure take a solid whack at it.
Mad_Machine76
(24,355 posts)I've been consuming a lot of podcasts about this the last few days and the law is just.......diabolical. Aside from the unconstitutional restrictions on abortion, it makes it impossible for any defendants to challenge the law or even defend themselves in court. It is perhaps one of the most regressive authoritarian laws ever created. Good for DOJ for stepping in here.
bigtree
(85,919 posts)Mad_Machine76
(24,355 posts)This could easily be transferable right over to Trans kids and their medical care, among other things
Mad_Machine76
(24,355 posts)that other states are already talking about copying this law for abortions