Wednesday, September 8, 2021

The Danger the Texas Law Posed to the Constitution

The Private-suit Enforcement Mechanism

Where will this end?  According to Reuters "Texas's strict new abortion ban hands over the power of enforcement to private citizens - and offers them cash payments to do so - a unique construction that makes the law harder to block in court."

The law sets up what critics have called a "vigilante" system in which any Texas resident can sue an abortion provider or anyone who aids and abets someone seeking to obtain an abortion.  

Read: "Historian suggests Fugitive Slave Act (1850) closest historical analogy to Texas abortion law." It is interesting that the United States Supreme Court upheld the law's constitutionality in 1859.  What a stain on US law.  

Women's reproductive rights are the first target. However, this is not likely to be the only use for that vigilante law format*.  Consider the minority, conservative agenda:  

Could a school, business, or government be sued by individuals for designating non-gender (transgender) bathrooms?  Could an individual be sued by vigilante enforcers for using a bathroom that is appropriate to their presentation?

Could a business be sued by individuals for mandating mask be worn, or requiring proof of vaccination?  

Could a medical provider be sued for providing counseling to a transgender teen that would be counter to the state's thought police? Could clinics that provide gender confirmation surgery (GRS) or facial feminization surgery (FFS), be sued by individuals?

Could a BLOG writer be sued for advocating transgender rights and freedom of gender expression?   

According to Julia Kaye at the the ACLU: “You could imagine a state banning certain statements in online forums and authorizing anyone who sees the post to sue the person who posted it. The sky is the limit in terms of attacks on constitutional rights.”

Do not forget that Donald Trump's now politically stacked Supreme Court is likely to uphold the conservative agenda as we just saw last week.   

I propose a day where all bloggers express their outrage and call attention to outrageous nature of this vigilante enforcement mechanism. The Republican state legislatures must be sent a clear message. No matter where you stand on woman's reproductive rights, this clear and eminent danger to the constitution and legal precedent is real. 

This is our "First they came for the socialists, and I did not speak out…”  moment.(MARTIN NIEMÖLLER)  

I hope today's post generates many comments - Please!

*NY Times - We Are Becoming a Nation of Vigilantes - Since the beginning of the year (2021) Tennessee has authorized students and teachers to sue schools that allow transgender students to use the restrooms that match their gender identity.



    That supposed $10,000 'bounty' is yet to be legislated BY LAW (you have to create a LAW in order to BUDGET and FUND and then SPEND 'The Peoples' money). They have to create a WHOLE NEW BUREAUCRACY TO ADMIN THE MONEY...ect.
    This money will NOT be handed out like TIC-TAC's, but only at the ruling of a judge, after a trial AND even if the bounty is 10 grand, the judge could award less.
    The accuser has the burden of proof!
    The wheels of 'justice' turn SLOOOOOWLY...
    The defendant's medical records are considered confidential, and legal process to is expensive.... any 'burden of proof' on an intermediary service provider (uber, for example) is going to go nowhere.
    Why sue poor people?
    Why sue rich people?
    They got lotsa $$$ and they will bury you.
    The rich will simply board 'Daddys corporate 'jump-jet' and fly to Canada
    (or now MEXICO) for 'special medical services' or, maybe 'cheap Tequila and Kahlua'--prove otherwise.
    Dont think for a minute that some law is going to keep THE RICH, WHITE, AND POWERFUL from their wants and needs. Daddys daughter is NOT going to be sporting a BABY BUMP at her 'coming out' Debutante.
    The law and lawyers are notoriously lazy-- THEY wont tolerate this matter clogging up their soft jobs. Besides, a smart lawyer would not touch this with a matter with a fork...
    Remember PROHIBITION? Yeah, that went well....
    Whatever the future Supreme Court re-decides, these medical services will be no more than a plane ride away.
    Lets give the whole matter a coded term:
    "The OVERGROUND railroad...".

    1. Thanks Velma - good points, but clinics are closing out of fear of retaliation. I think some are seeing this a get-rich-quick opportunity by camping outside Planned Parenthood. What a mess.

      Great point on "Why sue poor people?" and you are right that the rich will just to another state.