For starters, the Texas statute clearly violates the Court’s Roe v. Wade (1973) and Casey (1992) precedents by making abortion illegal during the first trimester without exceptions for rape or incest—and it does so in a slippery way to duck federal judicial review.
Most laws delegate enforcement to public officials. 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?…
Sometimes we wonder if Texas Attorney General Ken Paxton is a progressive plant. His ill-conceived legal attack against ObamaCare backfired on Republicans in last year’s election and lost at the Supreme Court. Now he and his Texas mates are leading with their chins on abortion. How about thinking first?
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