Texas
Related: About this forumTexas abortion opponents are furious someone is taking advantage of their bounty hunter law
The assholes who wrote this law are pissed in that this case allows the law to be challenged in court. I bet the DOJ , the ACLU, SPLC, Panned Parenthood and others will intervene and the plaintiff will not object to such intervention. This will be fun to watch
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According to the legislative director of Texas Right to Life, which lobbied for the bounty hunter law, "Neither of these lawsuits are valid attempts to save innocent human lives." You don't say! Instead, he continued, "Both cases are self-serving legal stunts, abusing the cause of action created in the Texas Heartbeat Act for their own purposes."
As the law you promoted invites. This was 100% predictable, baked into the very design of the Texas abortion ban. Anyone claiming to be surprised at the quality of the initial efforts to collect the $10,000 bounty is mind-bendingly stupid, or they're lying.
The geniuses over at Texas Right to Life also "believe Braid published his Op-Ed intending to attract imprudent lawsuits." Again: You don't say! What tipped them off? Was it the part where he said in a major newspaper that he had broken a law that requires someone harmed by it to challenge its constitutionality in court? In the same op-ed, he wrote, "I understand that by providing an abortion beyond the new legal limit, I am taking a personal risk, but it's something I believe in strongly. Represented by the Center for Reproductive Rights, my clinics are among the plaintiffs in an ongoing federal lawsuit to stop S.B. 8."
SheltieLover
(57,073 posts)riversedge
(70,056 posts)bucolic_frolic
(43,032 posts)IbogaProject
(2,780 posts)The novel law requires novel resentence. I'm angry this BS law hasn't been shot down already.
LearnedHand
(3,387 posts)WELL, DUH!
aggiesal
(8,907 posts)[font size=## color=Any Color] text [/font]
[font size=12 color=Red]Using it on Preview, it appears that doesn't work any more.
I wish DU would re-institute it.[/font]
TexasTowelie
(111,912 posts)The HTML code options provided the path that allowed DU to be hacked on Election Day 2016.
LetMyPeopleVote
(144,890 posts)LetMyPeopleVote
(144,890 posts)This will be fun to watch. Basic in constitutional law and civil procedure is the question of standing and this law allows someone who does not have any injury in fact to bring a lawsuit which makes it harder for the DOJ to sue to invalidate the law. Here a low life disbarred attorney is in effect the perfect plaintiff to sue in that he clearly has no standing and is a great plaintiff to show how stupid the law is
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Its wide open, said David Coale, an appellate lawyer in Texas. That is a radical expansion of the concept of standing.
The expansion has far-reaching legal implications, legal experts say, by challenging the very notion of what a court is for and emboldening civilians to enforce law, a duty traditionally left to the government. Its also a reversal by Texas Republicans on tort law, in which they have typically sought to limit the ability to sue, not expand it.
Legal experts also told The Texas Tribune that the measure is part of an emerging trend in Republican-dominated governments that find it difficult to constitutionally prohibit cultural grievances. Instead, they empower civilians to sue for civil remedies.
Jon Michaels, a professor at UCLA Law, points to Tennessee, where students, teachers and employees of public schools can sue schools if they share a bathroom with a transgender person, as well as Florida, where student athletes can sue their school if it allows a transgender athlete to play.
Its a way of back-dooring and winking while constitutional violations are occurring, Michaels said. It is compromising democracy."
For those who do not understand how twitter works, he is a link to the article cited https://www.texastribune.org/2021/09/03/texas-republican-abortion-civil-lawsuits/
The best way to attack the premise of this law is to have a low life disbarred out of state attorney being the plaintiff. Under the normal rules of civil procedure, this asshole disbarred attorney does not have standing and to reward such a "person" exposed the essential stupidity of the premise of this law that standing is not necessary to bring a lawsuit
I note that second lawsuit is filed by a pro-choice plaintiff who also want to contest the constitutionality of this stupid law
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Jon King
(1,910 posts)They never intended any suits to be filed. They know the 'law' can not hold up in court.
SouthernDem4ever
(6,617 posts)LetMyPeopleVote
(144,890 posts)This law is a travesty and needs to be tested in court
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Oscar Stilley, a former Arkansas attorney, brought one of the two civil suits filed Monday in Bexar County District Court against a San Antonio abortion provider who publicly admitted to performing an unlawful procedure. Stilley is in custody of the Federal Bureau of Prisons on a 15-year sentence for tax evasion and conspiracy, according to the complaint posted on his personal website.
Felipe N. Gomez, an Illinois attorney, brought the other suit; he is currently suspended from the state's bar over accusations of sending harassing and threatening emails, records show.
"In some ways the identity of these first plaintiffs highlights the absurdity of the law," said Kate Shaw, Cardozo School of Law professor and ABC News legal contributor.
"No connection to the issue, no connection to the parties, no connection -- as far as we can tell from the complaints -- to Texas, at all. And yet, they may well have the ability, the way the law is drafted, to go to court and to have the courts actually hear their case," she continued.
LetMyPeopleVote
(144,890 posts)One of the key elements of the Texas law is that it is enforced by individuals and so the state cannot be enjoined. The downside to this law is that it attracts lowlifes to enforce this law
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Cain, the baby-faced Deer Park Republican, arguably the most inept lawmaker in the Texas Legislature, favors cowboy hats and boots and no doubt envisions himself as a squinty-eyed Man with No Name, a young and relentless Clint Eastwood on the vigilante trail of abortion providers and staff, friends and family, Uber drivers and anyone else who might offer assistance to a woman facing one of the most serious decisions of her life. (SB 8 makes no mention of the father.)
Now, Cain has company. The first abortion vigilante to step up and take action under the blatantly unconstitutional Texas law is an Arkansas man named Oscar Stilley, who describes himself as a disbarred and disgraced attorney.
Stilley told the New York Times that he served a decade in prison after being convicted in federal court of tax evasion and conspiracy and is now under house arrest. According to a U.S. Justice Department press release, he hasnt paid federal taxes since 2010.
Stilley said he decided to file suit after reading an op-ed in the Washington Post last Saturday by Dr. Alan Braid, a San Antonio physician who wrote that on the morning of September 6 he had provided an abortion to a woman who, though still in her first trimester, was beyond the states new limit. I acted because I had a duty of care to this patient, as I do for all patients, and because she has a fundamental right to receive this care.
Response to LetMyPeopleVote (Original post)
LetMyPeopleVote This message was self-deleted by its author.
LetMyPeopleVote
(144,890 posts)The asshole who wrote this law is a nut case who wants to make being gay a crime and ban same sex marriage. The weakness in this law is that it encourages assholes to enforce the law when it is clear that they do not have standing. The prick who drafted this law is trying to remedy this issue
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