From what I've read, the Texas abortion law is so wide and unspecific that anyone who assisted in an abortion in any way shape or form could be prosecuted, even the uber driver who drove the pregnant woman (who didnt have a visible belly yet) to the clinic, or even the family member who drove her to an abortion clinic in a neighboring state, say Santa Fe NM.
It's flagrantly unconstitutional under applicable law and jurisprudence and I don't see any reason why the Supreme Court allowed it to go into effect in this form.
Furthermore, the tactics of outsourcing law enforcement to private citizens, essentially inciting people to spy and report on each other, is really dangerous and flies in the face of a peaceful, tolerant society. It's creating a perverse incentive for people to develop a block leader or Stasi mentality and prosecute their fellow citizens over what boils down to a moral/ethical disagreement.
For all the talk the political right is dishing out on slippery slopes, in many cases justifedly so, I have to say that this Texas law is a slippery slope if I've ever seen one. What the actual fuck were Texas Republicans thinking when they passed this monstrosity? It's eventually gonna get slapped down in court and is so radical and so unacceptable in its methods that it will be a stinker at the ballot box, even in places like Texas.
Quote (NetflixAdaptationWidow @ 3 Sep 2021 19:51)
They've already been sued, and the majority rejected the claim and gave no reason why and no guidance.
They rejected the lawsuit on a technicality, because there is no actual court case to be litigated yet. The SCOTUS can only decide on the substance of this bill once a case with a women who can claim to have been harmed made its way through the lower courts and arrived at their desk. This line of reasoning is tortured in the case of such a blatantly unconstitutional law which should be struck down immediately, but the logic of not ruling on the substance of the law yet because it doesn't fall under their jurisdiction or because the plaintiff doesn't have standing is at least somewhat valid.
What I find shocking, however, is that the Supreme Court was willing to let this law stay in effect while such cases make it through the lower courts, which could take months or even years. Given the flagrant unconstitutionality of this law, in particular the fact that it completely flies in the face of precedent set by this very court (
Casey in particular), I see no viable reason for the SCOTUS to refuse to do their job and block this unconstitutional law from going into effect in the meantime.
And yes, I agree with you that the Supreme Court is playing with fire here when it comes to its reputation as well as its legal and moral authority.
This post was edited by Black XistenZ on Sep 3 2021 01:05pm