Texas Acts, California Responds In Kind
Before discussing events in California let’s recap what happened in Texas and my September 7 article Texas Abortion Law is Clearly Unconstitutional, So Why Didn’t the Supreme Court Rule?
Texas Abortion Law is Clearly Unconstitutional, So Why Didn’t the Supreme Court Rule?
Understanding the Texas Law
The Texas Heartbeat Act bans abortions once cardiac activity can be detected in the embryo. This typically occurs around the sixth week of pregnancy but many women may not even realize they are pregnant.
Enforcement Mechanism
Rather than risk an immediate confrontation with the Supreme Court, the Texas Law established a unique enforcement mechanism.
The Wall Street Journal Explains.
The Texas law differs from other states’ recent attempts at restrictions to severely limit abortion access, because it creates a new enforcement structure that allows private citizens to bring a civil lawsuit against abortion providers and to collect at least $10,000 in damages plus legal costs per abortion challenged successfully.
In addition, the law also allows potential lawsuits against not only clinics and doctors, but also anyone who aids or abets an abortion, including insurance companies and transportation providers.
Clearly Unconstitutional
The Heartbeat Law is clearly unconstitutional.
Q: Why?
A: It allow outside parties with no say or damages to collect at least $10,000 in damages.
As soon as there is a case, the Supreme Court will be forced to do what it should have in the first place. Strike down the law.
What will the abortion abolitionists in Texas have gained?
Nothing, other than pissing off every sensible independent and moderate in the middle, and that especially includes moderates and independents in Texas.
California’s Gavin Newsom Favors Gun Suits Modeled on Texas Abortion Law
The response by California was easily predictable. The only point of notice is why it took so long.
Please consider California’s Gavin Newsom Favors Gun Suits Modeled on Texas Abortion Law.
California Gov. Gavin Newsom said he wants to create a path for private citizens to sue gun manufacturers, sellers and distributors in the state, modeling his proposal after the legal framework used in the Texas law that bans abortions past six weeks.
On the heels of Friday’s Supreme Court ruling allowing the Texas law to remain in effect for now, Mr. Newsom said he would work with the Democratic-dominated Legislature and Attorney General Rob Bonta, also a Democrat, to draft a proposal.
The bill would allow private citizens to sue anyone who manufactures, sells or distributes assault weapons or ghost gun kits or parts in the state for at least $10,000 per violation.
The state of Texas had used a similar mechanism in an attempt to insulate its abortion ban from legal review, assigning enforcement authority to private civil litigants instead of public officials.
Hey, Why Not?
When you don’t give a damn about the Constitution, don’t expect other states to give a damn either.
The Supreme Court should have struck down this type of nonsense upfront. Instead it put its ruling on hold.
Earlier this week it ruled that abortion clinics can bring a case against Texas.
Perhaps the Supreme Court thought the issue would be settled when it hears the Mississippi 15-week abortion ban case now on its slate.
But if California acts first, it will have to address the issue.
Appeals Court Districts
Texas stirred up a hornet’s nest of political silliness and California will act in kind. When you don’t give a damn about the constitution to get your way, this is what happens.
California is in the 9th Circuit Court of Appeals. Texas is in the 5th. We could easily see the 9th Court rule one way and the 5th another.
This is what the Supreme Court brought upon itself by failing to do the obvious. And this is what Texas brought by starting this mess in the first place.
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that especially includes moderates and independents in Texas.