Thursday, September 09, 2021
Smart tactic!
This article in Aleteia explains how Texas legislators were able to finesse the standard Supreme knockout of all pro-life laws. They borrowed a tactic that Gaians have been using for quite a while, the Sweetheart Suit.
“The law authorizes only private citizens to bring civil suit in Texas state court against those who perform, aid and abet abortions after a fetal heartbeat is detected,” Snead said. “Women seeking abortions are immune from suit, and there is an exception for medical emergencies. “The Texas strategy was ingenious in that it evaded the usual pre-enforcement injunction by a federal court, which only has the constitutional power to act when the parties before them are involved in a real dispute,” Snead continued. “Because neither the state officials nor the private citizen sued in the case were involved in the enforcement of the law, the Supreme Court lacked the power to intervene.”Needless to say, the Feds are starting a #WHOLE-OF-GOVERNMENT response.
Biden said he has directed a “gender-focused policy council” in the White House, the Office of the White House Counsel and the Health and Human Services and the Justice Departments to “launch a whole-of-government effort” to respond to the court’s decision. The effort will look “specifically to the Department of Health and Human Services and the Department of Justice to see what steps the Federal Government can take to ensure that women in Texas have access to safe and legal abortions as protected by Roe,” he said in a statement.They will also try using the FACE Act, designed to punish protesters at abortuaries. The FACE Act hasn't been used much, and clearly wasn't meant to deal with lawsuits, so this seems less productive.... but I'm sure the Feds will get around that. They have now defined lawsuits as bioterrorist attacks. = = = = = The biggest question in my mind is how the Texas legislature acquired the GUTS to do something smart and meaningful. Repooflican legislators elsewhere, even when they have clear majorities, have never even TRIED to solve a problem. They just obey Deepstate. Purely guessing: Texas is allegedly turning blue in terms of presidential votes, and all the cities in Texas voted D in 2020. But those Ds are different from the Ds in Illinois or Washington. Many of them are Hispanic. So the usual rigid demarcation on abortion doesn't apply. Many of the People Who Count are pro-life. Meta-thought: Normally the Supremes ABORT every anti-abortion law before it's born. The Texans prevented the ABORTION of their pro-life law, and allowed it to be born normally.
Labels: #WholeOfSociety
¶ 12:00 AM
