Republicans Are Sharpening a New Weapon in the Culture War. Why Aren't Democrats?

[Nevilledog]

https://www.rollingstone.com/politics/politics-news/idaho-abortion-law-republicans-supreme-court-1330719/

No paywall
https://archive.ph/aH5Xf



What if the Supreme Court approved a new kind of weapon in the culture wars but only one side used it? With Idaho last week becoming the second state to pass a bounty-style abortion ban, it seems this is exactly what’s happening. Red states are lining up to copy the framework of the law, while blue states stand by the wayside as abortion rights are dismantled.

The new type of law was pioneered by Texas in the form of S.B. 8. S.B. 8 bans abortions at six weeks, something many states have tried to do. What makes S.B. 8 so unusual, though, is its enforcement mechanism. Unlike every other abortion ban, which use criminal or licensing law to enforce the restriction, S.B. 8 uses civil lawsuits that literally anyone can file. Thus, under S.B. 8, if someone gets an abortion after six weeks of pregnancy, anyone in the world can go into Texas state court to sue the abortion provider, or anyone who aids or abets the provider, for $10,000 or more.

It was quite clear to observers just how pernicious this law was. As I wrote last May, the law’s new approach was “breathtaking” because liability would be virtually endless and the law was intentionally designed to evade review. Two of the most respected legal scholars in the country went even further in The New York Times, calling the law’s provision placing enforcement in the hands of private citizens a “fundamental inversion of how our constitutional system works.”

One might expect such a dangerous law to incur the wrath of the Supreme Court. Yet, so far, the justices have shown no interest in stopping it. They have considered several emergency andfast-track challenges to S.B. 8, and in each one they have either avoided the issue or claimed they are helpless against this unique provision. In December, they ruled there might be a very narrow challenge against state licensing officials, arguing that these officials have a role in enforcing SB8. However, that possibility was stymied in March when the Texas Supreme Court, the final authority on the meaning of Texas law, clarified that such officials actually have no role in enforcing the law. A few separate challenges to S.B. 8 remain in federal court, but the Supreme Court has essentially thrown up its hands and given its blessing to this new type of enforcement mechanism. The liberal justices, joined by Chief Justice Roberts, have dissented from these rulings, calling attention to the harm that these types of laws cause, but to no avail against the Court’s conservative majority.

*snip*

[Lovie777]

1. The GQP are doing some real nasty shit to average Americans . .

and the average Americans are taking notice. These are the people who don't get polled nor stopped on the street to answer questions.

[msongs]

2. if govt passes a law allowing something, the govt is also liable for results nt

[jimfields33]

3. Blue states are also passing laws to make abortion more accessible.

[Hortensis]

4. How does this atrocity get twisted into a hit on Democrats? Imo, THIS

is the #1 reason why we lose elections, even though a solid majority agree with us on most issues. 100 million people who didn't vote in 2016 said we were just as bad as the Republicans and/or there was no choice worth voting for. They believed the relentless swiftboating.

Here's the rundown:

We're the good guys: We're protecting women's right to abortion. And until and if Roe is struck down, that's the high ground we defend.

A solid majority of Americans support abortion, and this battle is only necessary because of those whose foolishness helped Republicans get control and put 3 MORE RW extremist political agents on the high court.

Should be mentioned I guess, that we we are, of course, fighting those despicable legislations in every state they're introduced, though where Republicans control legislatures our best strengths are with the courts. Not knowing that is an of-course! that doesn't even have to be looked up is another reason we lose elections.