The Real Test to Abortion Rights Hasn’t Happened Yet

Let’s consider this in the context of the Texas law.

The Texas law does not criminalize abortion. It allows a private person to sue an abortion provider and recover civil damages. So when abortion providers sued to stop the law from going into effect, the question was always whom they were going to bring the lawsuit against. The Texas attorney general and governor — the people who normally get sued in state abortion restriction cases — weren’t parties to any of these future lawsuits, so they couldn’t be sued in this case.

Whether a federal court can enjoin a state judge from overseeing a state civil trial based on state law is a complicated legal question. States themselves are immune from suit under the 11th Amendment, but in 1908 the Supreme Court held that a plaintiff could get an injunction against an enforcing state officer when that person was violating the U.S. Constitution. The question for the Supreme Court was:This legal ambiguity was precisely the point, by the way.

. Roberts wanted to prevent the law from going into effect until SCOTUS could have more time to decide “whether a state can avoid responsibility for its laws in such a manner.

reasoning that SCOTUS should issue the injunction because the law was “flagrantly unconstitutional law,” while Kagan called it “patently unconstitutional.” For them, the obvious unconstitutionality of the law was more important than the question of who could enjoin whom.As of now, a doctor in Texas who performs an abortion on a fetus with a detectable heartbeat when the mother’s safety is not at risk can be sued. The practical chilling effect of that is obvious.

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So this argument is that SCOTUS allowing the law to go into effect isn't actually allowing the law to go into effect? What a freaking Ivory Tower argument that ignores reality and the actual harm being done.

WE NEED OUR VOTING RIGHTS

Y’all love these bad takes written by people who shouldn’t have a platform in the first place

You had me at 'coat hanger'.

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There Are Two Real Ways to Answer the Texas Abortion LawThe problem with watching jurisprudence unfold as though it’s reality television is that the court does all its work during the commercials.
Source: Slate - 🏆 716. / 51 Read more »