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Nevilledog

(51,064 posts)
Sat Sep 11, 2021, 01:49 AM Sep 2021

Oh Hey Looky Here, It's UNITED STATES VS GODDAMN TEXAS





https://www.wonkette.com/us-v-texas


Remember last week, when Texas and the federal court system took a shit all over women's rights and then flushed them both down the toilet? And the government did basically nothing but issue angry press releases?

Well, looks like my government is finally doing something about it!

Yesterday, the DOJ sued Texas to stop enforcement SB 8, which bans basically all abortions by, as the DOJ puts it, "deputiz[ing] private citizens ... to serve as bounty hunters."

Correctly pointing out that "Texas enacted S.B. 8 in open defiance of the Constitution[,]" the United States asks a federal court to find that the law is unconstitutional under the Fourteenth Amendment's Supremacy Clause, preempted by federal law, and a violation of intergovernmental immunity. The DOJ is seeking a declaratory judgment that the law is some illegal bullshit (paraphrasing), and for it to be enjoined.

As the lawsuit lays out,

It takes little imagination to discern Texas's goal—to 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. Thus far, the law has had its desired effect. To date, abortion providers have ceased providing services prohibited by S.B. 8, leaving women in Texas unacceptably and unconstitutionally deprived of abortion services. Yet, despite this flagrant deprivation of rights, S.B. 8 remains in effect.


And FUCK THAT.

*snip*

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Oh Hey Looky Here, It's UNITED STATES VS GODDAMN TEXAS (Original Post) Nevilledog Sep 2021 OP
FUCK THAT is right. Damn right. How dare they upend our Constitution? Heads must roll. n/t CaliforniaPeggy Sep 2021 #1
The lawsuit is worth a read dalton99a Sep 2021 #2
One legal expert on MSNBC... regnaD kciN Sep 2021 #3
A week is finally? lame54 Sep 2021 #4
So, the Fourteenth Amendment... Hugin Sep 2021 #5
Pretty much what I said - Ms. Toad Sep 2021 #6

regnaD kciN

(26,044 posts)
3. One legal expert on MSNBC...
Sat Sep 11, 2021, 01:59 AM
Sep 2021

...said that he thought the case would be sufficient to prevail in the lower courts but, inevitably, this will wind up before SCOTUS, and all bets are off there.

Hugin

(33,112 posts)
5. So, the Fourteenth Amendment...
Sat Sep 11, 2021, 02:08 AM
Sep 2021

And if Texass should prevail. Will the United States of America proceed to cease providing any revenue or commerce with the rogue State? Even before? It would seem silly to give money to someone who you're suing.

Asking for a friend and fellow US Citizen.


Ms. Toad

(34,059 posts)
6. Pretty much what I said -
Sat Sep 11, 2021, 03:19 AM
Sep 2021

based on prior litigation to enforce racially restrictive covenants:

That constitutional rights apply in court enforcement of judgments isn't even novel. In defamation and libel lawsuits, the First Amendment applies, even though the plaintiffs aren't state actors. You know why? Because courts, which would enforce any judgment, are state actors. In the same vein, courts can't enforce racist covenants. And why is that? Because courts are state actors.

The DOJ alludes to this in the complaint, noting that "Texas has mandated that its state judicial officers enforce this unconstitutional attack by requiring them to dispense remedies that undeniably burden constitutionally protected rights."
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