Senate Bill 8 in Texas effectively makes it impossible to get an abortion in the state of Texas. Furthermore, it was intentionally designed to circumvent Supreme Court Oversight through a *ahem* “creative” loophole whereby the law is enforced by private lawsuits rather than government enforcement. The argument is that this somehow, miraculously, makes any question of constitutional rights irrelevant.
What this means, if upheld, is that any law enforced through private lawsuit can completely ignore all issues of constitutionality. This is far more radical than banning abortion is. In fact, there is simply put no way that this can stand on a larger scale if taken outside the context of this one law. That is the strength of the law, but it is also its Achilles’ heel. Texas has opened a giant Pandora’s Box with this bill...
So, how do you get the Supreme Court to rule against Texas Senate Bill 8 faster than the ghost of Ruth Bader Ginsberg can say the word “hypocrite” while rolling in her grave? Simple. Just pass any one of these laws in a liberal state, like California or New York and just watch how fast we would get grounds to bring suit against Senate Bill 8:
1. Private parties can sue any and all parties involved in the purchase, trafficking, transmission, or sale of a firearm involved in an unlawful death to the amount of $1,000,000.
2. Private parties can sue any and all parties involved in the manufacture, trafficking, transmission, sale, or purchase, of any semi-automatic rifle in the amount of $20,000.
3. Private parties can sue any of the ten largest carbon producing corporations for the full cost of all damages and emotional distress related to injury, loss of life, or damage to property, caused by any natural disaster, the exacerbation of which can possibly be attributed to global warming, including but not limited to any hurricane, tropical storm, flood, drought, or fire.
4. Private parties can sue any and all parties involved in the giving or receiving of contributions to or from PAC funds for an amount equal to twice the donated sum.
etc….
We would get standing to sue against Texas Senate Bill 8 pretty quickly, wouldn’t we?
