Texas abortion law is a monstrous legal, but that is not the future of abortion law in the United States. It means friday Judgment of the Supreme Court authorize that state’s abortion providers to challenge Law is interesting – court decline to stop enforcement while the challenges continue – but that probably won’t matter much for the future of abortion rights.
Why? Texas law is an alternative and pro-life lawmakers won’t soon need a solution to limit women’s reproductive rights.
Over the past half-century, states have either banned or excessively restricted abortion because of Supreme Court decisions in Roe v. Wade and Planned Parenthood sues Casey. Texas officials overcame those precedents by drafting their laws to be enforced in civil courts by private citizens, allowing anyone sue people who perform or support abortions. Neat trick, right?
But the court’s 6-3 conservative majority probably will soon be flipped (or perhaps merely guts) Roe in one Mississippi case aimed directly at those precedents. That would allow red states to ban or restrict abortions directly rather than resorting to legal magic tricks. And that is quite clearly the direction of activists for life.
Marjorie Dannenfelser, president of Susan B. Anthony List, a pro-life advocacy group, told him: New Yorkers this week. “It’s hard for me to imagine that in the future, prior to the Mississippi decision, the same kind of legislation with that kind of enforcement mechanism would be needed.” She added: “Far and far, the big win is keeping Mississippi, Roe reverse, and then we go back to the traditional execution. I would never choose a heart rate bill in Texas. “
Of course, that doesn’t mean Texas law should apply. In her disagreement From today’s ruling, Justice Sonia Sotomayor neatly sums up what makes the law unjust: not only does it ban abortion, and not only does it evade the Constitution and federal supremacy, but he also firmly put his thumb on the scale of justice. It allows plaintiffs to sue in any Texas county of their choice “even if that county has no relationship to the defendants or the abortion procedure in question.” It gives plaintiffs veto power over change of location requests. It guarantees attorneys’ fees when plaintiffs win, but it denies them successful defense providers, “so they have to finance their own defense regardless of what suits them.” How petty.” The effect is to give pro-life activists an unusual and unfair advantage in home court.
Those provisions are so exaggerated that it is possible that the majority-conservative Supreme Court could eventually rule out of bounds and discourage other states from passing similar laws. However, by the time that happens, Roe probably wouldn’t exist in any sense. In the fight for the future of abortion rights, Texas law is an example.
https://theweek.com/supreme-court/1007963/the-supreme-courts-texas-abortion-ruling-doesnt-matter-that-much Texas abortion verdict is a showdown in a more consequential battle