I’m watching in fascination, both the various legal analyses of the newly implemented Texas abortion law….and the even newer pursuit of one-upsmanship on the part of a couple of other states.
Whether it’s the Left on issues like gun control or the Right with abortion……one wonders if they ever stop to calculate the second and third order effects……as well as the very real fact that their legal victories…..can serve as precedent when tables are turned, or in jurisdictions where they aren’t in the majority.
To this end, an OpEd in the WSJ notes:
“This one delegates exclusive enforcement to private citizens, who are authorized to sue anyone who “aids or abets” an abortion after six weeks. Citizens who prevail in their civil lawsuits are entitled to at least $10,000 per abortion along with legal costs.”
The law sets an awful precedent that conservatives should hate. Could California allow private citizens to sue individuals for hate speech? Or New York deputize private lawsuits against gun owners? Texas argues that abortion providers don’t have standing to challenge the law because the state isn’t enforcing it and neither at this point is any private citizen. Thus there is no case or controversy, which is what courts are supposed to settle. This is technically correct and it is why the five Justices declined to enjoin the law.
The entire article is behind a paywall, but this and another snippet can be found here.
I have little doubt that this law will be struck down, not because it effectively skirts settled law, but for the manner in which it does…..and the horrible precedent it sets. Snitch lines/website? Blanket legal standing for unaffected Citizens to sue?
This is a dangerous road that political myopia built.