Replying to Avatar Jackie Gardina

nostr:npub19vl6rfsnkf400frfavrr69p6gf5cexhaw223vra4th2lelhqjh8q8tnuam It’s an interesting puzzle. The one case brought under SB8 was ultimately dismissed so it hasn’t been tested yet. It is highly unusual for a state to engineer a private enforcement regime only to avoid federal constitutional review. Texas prohibited public enforcement so that abortion providers could not challenge enforcement of the law by a government official.

But the fear of a $10K bounty serves its purpose. Abortions dropped by 60% before Roe was overturned.

nostr:npub19vl6rfsnkf400frfavrr69p6gf5cexhaw223vra4th2lelhqjh8q8tnuam I should add that nostr:npub12zl22sqckxjm8vngq5l9vcnuf8v4yu2lnav2exp6u7vl8tnxqzysw7dtgm and Jon Marcus have written an article on this phenomenon (and are working on a book) called Vigilante Federalism. You can listen to David discuss on SideBar.

https://legaltalknetwork.com/podcasts/sidebar/2022/12/vigilante-federalism-with-david-noll/

Reply to this note

Please Login to reply.

Discussion

No replies yet.