Civil Liberties

snot

(10,705 posts) Fri Sep 3, 2021, 11:43 AM Sep 2021

Seriously: re- the legal issues re- the TX anti-abortion law

Last edited Sat Sep 4, 2021, 01:58 PM - Edit history (1)

I'm hoping there are people here who know more than me who can help explore the actual legal issues.

If putting enforcement in the hands of private parties works to defeat constitutionally protected rights, why couldn't all other constitutional rights be nullified by the same mechanism? Could legislatures give private parties the power to sue gun sellers? Could former Confederate States pass laws prohibiting state officials from enforcing slavery but allowing private parties to do so?

On another point, what constitutes "state action" subject to constitutional restrictions: the action of the legislature in passing such a law? The action of a court in entertaining a suit by a private party based on the law? Aren't such restrictions relatively toothless if they only applies to arrests by or fines payable to state officials?

I realize the S. Ct. disclaimed any opinion re- constitutionality, but what if the law is unconstitutional on its face?

4 replies

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Seriously: re- the legal issues re- the TX anti-abortion law (Original Post) snot Sep 2021 OP

The theory is that no clinic can afford to flaunt the law so ... Kablooie Sep 2021 #1

That is the only way the TX law could stand, snot Sep 2021 #4

Could it be this sneaky enforcement method is a skirting of... brush Sep 2021 #2

Exactly snot Sep 2021 #3

Kablooie

(18,776 posts)

1. The theory is that no clinic can afford to flaunt the law so ...

Reply to snot (Original post)

Fri Sep 3, 2021, 12:23 PM

Sep 2021

no cases will be brought up for the unconstitutional law to be shot down.

But there will be women who have underground or self abortions.
Sooner or later some greedy asshole will sue some poor woman who had to do this and then the law will be able to be reviewed.
Since the law flagrantly conflicts with Roe wouldn't they have to rule it unconstitutional then?

snot

(10,705 posts)

4. That is the only way the TX law could stand,

Reply to Kablooie (Reply #1)

Sat Sep 4, 2021, 02:14 PM

Sep 2021

as far as I can see (though I'm no expert).

The S. Ct.'s action in this case is almost like a sort of ignominious heads-up to women of an intention – to overturn Roe – that they know to be shameful: women had better either stop having sex or plan to have babies.

brush

(57,548 posts)

2. Could it be this sneaky enforcement method is a skirting of...

Reply to snot (Original post)

Fri Sep 3, 2021, 12:25 PM

Sep 2021

the Constitution and could, if extrapolated out by extremist, very well be an opening of a legal Pandora's box—i.e. your mention of gun and enslavement issues.

snot

(10,705 posts)

3. Exactly

Reply to brush (Reply #2)

Sat Sep 4, 2021, 02:03 PM

Sep 2021

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