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"Justice Department sues Texas over 'unconstitutional' abortion law"
Posted by: Ted King
Date: September 09, 2021 04:13PM
[thehill.com]

I especially like this part of what AG Garland says:

Quote

"If it prevails, it may become a model for action in other areas by other states and with respect to other constitutional rights and judicial precedents. nor need one think long or hard to realize the damage that would be done to our society if states were allowed to implement laws that empower any private individual to infringe on another's constitutionally protected rights in this way," he added.

This echoes what Supreme Court Justice Kagan wrote - “The Court thus rewards Texas’s scheme to insulate its law from judicial review by deputizing private parties to carry out unconstitutional restrictions on the State’s behalf.”

I don't know enough about how the law works here so I don't know what the determination by the DOJ means, but maybe it will amount to something.



e pluribus unum
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Re: "Justice Department sues Texas over 'unconstitutional' abortion law"
Posted by: rgG
Date: September 09, 2021 04:18PM
I am glad to see this.





Roswell, GA (Atlanta suburb)
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Re: "Justice Department sues Texas over 'unconstitutional' abortion law"
Posted by: deckeda
Date: September 09, 2021 04:47PM
Ted, my understanding is that the Roe decision assumed government would be the entity blocking abortions. But by empowering citizens to do it instead — piecemeal — Texas is basically saying “Hey, we didn’t block abortions, your neighbor across town did.”

And that’s how they avoid judicial review of any state’s direct involvement, which technically didn’t add any barriers of their own. They instead invented a way for individuals to enforce what the state legally doesn’t want exposure to. And then of course moved to essentially limit any liability from individuals for bringing suit.

Trouble is, with privacy issues being kinda a hot topic all around, the future for Texas-style laws won’t be good. The irony is that no one actually needs to “debate abortion” to defeat the new law. But that was the path Texas chose.
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Re: "Justice Department sues Texas over 'unconstitutional' abortion law"
Posted by: Racer X
Date: September 09, 2021 04:51PM
A bunch of weird @#$%& down in Texas, that's for sure.



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The police have no duty to respond. See Castle Rock v. Gonzales, 545 U.S. 748 (2005) or Warren v. District of Columbia[1] (444 A.2d. 1, D.C. Ct. of Ap. 1981)
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Re: "Justice Department sues Texas over 'unconstitutional' abortion law"
Posted by: Ted King
Date: September 09, 2021 05:54PM
Quote
deckeda
Ted, my understanding is that the Roe decision assumed government would be the entity blocking abortions. But by empowering citizens to do it instead — piecemeal — Texas is basically saying “Hey, we didn’t block abortions, your neighbor across town did.”

And that’s how they avoid judicial review of any state’s direct involvement, which technically didn’t add any barriers of their own. They instead invented a way for individuals to enforce what the state legally doesn’t want exposure to. And then of course moved to essentially limit any liability from individuals for bringing suit.

Trouble is, with privacy issues being kinda a hot topic all around, the future for Texas-style laws won’t be good. The irony is that no one actually needs to “debate abortion” to defeat the new law. But that was the path Texas chose.

Thanks.



e pluribus unum
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Re: "Justice Department sues Texas over 'unconstitutional' abortion law"
Posted by: Steve G.
Date: September 10, 2021 09:42AM
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Re: "Justice Department sues Texas over 'unconstitutional' abortion law"
Posted by: Michael
Date: September 11, 2021 03:30PM
The legal problem with the notion of deputizing citizens to sue abortion clinics is that those citizens, while they might be mightily offended, don't have legal standing to sue.

I don't have any idea whether the justice department will be successful but I'd bet that as soon as the first citizen sues an abortion clinic or some associated person in a Texas state court, Planned Parenthood will intervene with an amicus brief and point out to the state court that the person doesn't have standing because the person suing hasn't been harmed. The state court might well reject that argument, but at that point Planned Parenthood might be able to go to federal court and argue that the person doesn't have standing and that standing is required to sue according to the practices of the federal courts as defined by Article 3 of the US Constitution as well as federal statutes. The Supreme Court tightened standing requirements in TransUnion v. Ramirez earlier this year. Alternately, Planned Parenthood might ignore standing and instead focus on the core constitutional issue of abortion, as defined by Roe. If they can get into federal court successfully based on standing and/or constitutionally, then the federal courts might abandon the abstention doctrine and intervene in Texas state courts.

So, my bet is that the Texas law will be overturned. I can't imagine the Texas lawyers working for the legislature didn't consider and reject that and think that they can keep this out of federal courts. But if somebody is able to make a successful constitutional argument then it goes to federal court and the Texas law will be invalidated.
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Re: "Justice Department sues Texas over 'unconstitutional' abortion law"
Posted by: mattkime
Date: September 11, 2021 09:14PM
>I can't imagine the Texas lawyers working for the legislature didn't consider and reject that and think that they can keep this out of federal courts.

Texas does something crazy. Supreme court allows it to stand while a lengthy legal battle plays out. Texas got what they wanted.



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Re: "Justice Department sues Texas over 'unconstitutional' abortion law"
Posted by: Janit
Date: September 12, 2021 08:48PM
The problem is that there has to be a lawsuit before the law can be contested. The architecture of this law is so devious that providers have been scared into shutting down rather than risking the possibility that Texas will ruin them. Finding someone brave enough to offer themselves as a test case will not be easy.
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