Former Senator Claire McCaskill (D-Miss.) calls Texas abortion ban “an outrageous workaround” of Roe v. Wade that creates “a private police force.”
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#Texas #RoeVWade #MSNBC
Whole Woman’s Health v. Jackson
I’ve been reading all about the latest Supreme Court case on abortion. It’s dizzyingly complex and centers more around the procedural rules of litigation. It presents a maze of procedural complexities that are rarely seen in even the most complicated litigation. The law appears to have been drafted to intentionally frustrate lawsuits challenging its constitutionality. Part of what makes SB 8 such a bizarre law is that it does not permit any state official to enforce it. Rather, the statute provides that it “shall be enforced exclusively through . . . private civil actions.”
Under the law, “any person, other than an officer or employee of a state or local governmental entity in this state,” may bring a private lawsuit against anyone who performs an abortion after the sixth week of pregnancy, or against anyone who “knowingly engages in conduct that aids or abets the performance or inducement of an abortion.” Plaintiffs who prevail in such suits shall receive at least $10,000 from the defendant.
SB 8 attempts to make an end run around Ex parte Young (a decision in which the Supreme Court established that someone raising a constitutional challenge to a state law may sue the state officer charged with enforcing that law — and obtain a court order preventing that officer from enforcing it) by preventing state officials from directly enforcing the law. Again, Young established that a plaintiff may sue a state official charged with enforcing a state law in order to block enforcement of that law. But if no state official is charged with enforcing the law, there’s no one to sue in order to block the law.
So, unfortunately, it appears the Supreme Court got this one right due to the way SB 8 is written. However, this is certainly not the end of the matter as the SCOTUS decision did NOT rule on the constitutionality of SB 8 and further challenges are likely as people seeking this $10,000 “bounty” begin to bring civil lawsuits against abortion providers who will then turn around and claim in court that they don’t have to pay because the law that allowed them to be sued is unconstitutional.
@HILLBILLYinHELL: Of course there are “ways of knowing what happens at what stages of pregnancy.” But that doesn’t mean that the PERSON SUING knows those specifics regarding a specific female, let alone is able to PROVE those specifics in court.
I’ll bet they actually have a hard time finding people willing to carry out civil action. This is Texas, a legal carry state and those women are Texans. Get it?
@HILLBILLYinHELL I am sooo glad I don’t live in Texas, and never will. Backwards cowboys.
And of course it has to be Texas. No surprises here.
Until 2003 homosexuality was illegal in Texas, even between consenting adults in private. Who remembers Lawrence v. Texas.
If texas has said as a part of this law that they cannot enforce it, then the law is unconstitutional on its own merit. The bounty is unconstitutional. You cannot get around the constitution by writing a law and then say we can’t enforce it but we can offer bounties.
I don’t think their friends anymore after this.
@Maggie We can speak on issues but can’t endorse. Get the facts.
@Lew7 Creeps like yourself can speak on issues but not endorse. Yeah, that’s very clear.
@Maggie Murder, like slavery is wrong.
@gary avona me too.
@Tyson Ballard way off dude.
GQP should say bye bye to 2022!
🤞🏼👍🏼 here’s hoping
The virus is weeding them out….the stench will be eliminated as well . Be patient. Republithugs are going to be only a bad dream soon enough.
Unless I’m misunderstanding something, this means that ANY pregnant woman’s support network can be sued into oblivion on NOTHING but SUSPICION. If a woman has a miscarriage, or must abort due to risk to the mother’s survival, then, on nothing but suspicion, everyone around her can be sued by 1, 2, 4, 8, 16, 32 people, & even if their case turns out to be completely on the level, these people will STILL be held responsible for paying all of the court costs & prosecution costs. What am I missing ?! If the argument is, “Nobody will do that because people are not that mean spirited”, well, then I welcome you to the world because obviously you are new here.
I’ve noticed that everyone who is for abortion has already been born.
Ronald Reagan
😉
@SchievelbeinSchievelbeinHow interesting a quotation from Ronald Reagan who is tied for being one of the worst presidents of the 20th century. Besides that this quotation has nothing to do with the current reality, which “St. Ronnie’s” forgetfulness as having Alzheimers helped to create. Women vote more than men and the Greedy old Party, which St. Ronnie created will come to regret this debacle that got started with him
@Dawn S This is the most irrational thing, I heard this year.
@ita9ful That takes too much effort! Here is a post I saw somewhere else that I thought nailed it…Pastor Dave Barnhart – “The unborn” are a convenient group of people to advocate for. They never make demands of you; they are morally uncomplicated, unlike the incarcerated, addicted, or the chronically poor; they don’t resent your condescension or complain that you are not politically correct; unlike widows, they don’t ask you to question patriarchy; unlike orphans, they don’t need money, education, or childcare; unlike aliens, they don’t bring all that racial, cultural, and religious baggage that you dislike; they allow you to feel good about yourself without any work at creating or maintaining relationships; and when they are born, you can forget about them, because they cease to be unborn. It’s almost as if, by being born, they have died to you. You can love the unborn and advocate for them without substantially challenging your own wealth, power, or privilege, without re-imagining social structures, apologizing, or making reparations to anyone. They are, in short, the perfect people to love if you want to claim you love Jesus but actually dislike people who breathe. Prisoners? Immigrants? The sick? The poor? Widows? Orphans? All the groups that are specifically mentioned in the Bible? They all get thrown under the bus for the unborn.
Yup, exactly. If I were a women in Texas right now, I would go out of my way to hide my pregnancy. Stay at home, wear baggie clothes, don’t have a gender reveal party, baby shower, shop for baby clothes, don’t tell the neighbors you’re expecting. Any outsider, even in another state, can sue you if something goes wrong with your pregnancy simply on assumptions that you had an abortion. If you can afford it, go to another state while pregnant as going to the doctors may put you at risk from being sued.
I still don’t get why men who don’t ever have to experience what women do…have a say in what choices women make…SMDH.
As A Guy … That Has Always Been My First Rule With This Subject : Guys Have NO RIGHT Telling Women How To Treat Their Bodies. Full Stop.
Wait,.don’t men get pregnant now? Are you transphobic?
What a transphobic thing to say. Men can give birth now.
Men can have Babies too, Just ask any Birthing Person. After all it’s you Democrats who are pushing that on us. Have you changed your minds again. No Vaccine ? My Body , my choice.
@RogerWilco And those who were seen dancing were thought insane by those who could not hear the Music. You are Body and Mind. I am Body , Mind and Spirit. You are an animal. I am a Human Being.
The voters in Texas carry the ultimate responsibility. They knew pretty well that the Republican party was anti-abortion. Passing an anti-abortion law was it’s election pledge. The Texan voters still chose to elect the Republicans. We should know that our choices have consequences.
@Ronnie Mathews But it is about Republicans, Ronnie. Your party is anti-abortion and also against helping people who need welfare. Your party has created a hostile environment in this country for those that can’t afford to raise unplanned babies. Until people like you face that fact, and stop voting against humanity and basic human needs, then we will continue to have large numbers of abortions. You complaining about it and pointing fingers doesn’t solve the problem. It just makes you self-righteous. Start voting like a human being, and actually solve the problem.
@free2express08 It seem to be beyond you, that this is what the majority of Texans want. What was that called again…? Oh yeah, DEMOCRACY!
Gtfoh.
@Maggie Stop with the b.s. media narrative, everyone knows real life isn’t so black and white!
@Trailin’ Annie A fetus is a baby like a walnut is a tree. Even in the Bible it states that life begins with the first breath an infant takes outside of the womb. So, between science and religion, you’re wrong twice.
Your argument would hold if you had a fully functioning democracy without voter suppression and a lot of stupid effects of the first-past-the-post election system, such as gerrymandering.
Not all votes count equally in the USA. It is not a democracy.
But in all fairness, Rowe v. Wade says abortion should be rare.
So we need Planned Parenthood to keep providing cheap birth control to young women.
Unfortunately for a lot of women abortion is birth control
@Reese A lot is not a convincing figure. I really detest this talking point that active women are these implied degenerates who flippantly have abortions frequently. Its not as intense as childbirth but even pill induced abortion is far from a trivial or cheap affair. Most women would rather not go through that safe to say.
The answer is: prohibition. Look to that era; past is prologue. What happened in TX was inevitable there and is inevitable in other red states. When the inexorable, awful medical and social consequences of this lunacy are realized, they will be high profile. As a result, we will see repeal of this prohibition, as well. The GOP dog has caught the car.
So now other states can copy this law and apply it to buying guns or not wearing a mask.
@Mike Hunt Abortions are legal too. In fact it’s a constitutional right. So if they can do it to abortion, you can do it to anything.
@Tim S morAn
@Mike Hunt BTW, the law is made that you can pay bounties on turning the seller in for a reward. So you can buy the gun, only anyone who sells you one will be sued for aiding and abetting.
@Realpeopleneverpost How do you justify abortion?
@Bradyn Lotterman And Roe v Wade was about a woman and her doctor making health decisions, not abortion.
Iam with clare i share her outrage.
Me too I can’t believe they are using he/she pronouns
Pffft
Bizzaro World Quakerism
“my heart is beating so fast right now”
OMG
Another coat-hanger-quaker is ‘literally shaking right now’😅🤣😅
@Señor Cheez•It little one, you have NO idea. 😒🙄
so your outrage is fake too?
Don’t like it then just don’t move to TX. I for one would never even think of moving to dump California.
What the F is that man smiling about?
Why didn’t McCaskill cut him off when he out and out lied?
Learn to fight Dems!
Now!
A M E N !!!!!
@Tim S Men have demonstrated that as a cohort, many of them don’t grasp that this is not their decision to make. In this case, the guy denied, perhaps lied about the part in the legislation in which the state of TX will pay up to $10K for citizens who snitch on anyone who seeks a termination. Ms. McCaskill said “bounty hunters’ because she was quoting Justice Sotomayor’s written opinion. Get your facts straight.
@SopranoAscends C6 Men have no say in the murdering of babies?
@Tim S English, try writing in English.
@melissa h——–> u obviously missed all of 2020 “social activites” by ur radical socialist/marxist/fascist BLM democrats n Seattle, Portland, St Louis, Minneapolis, DC, Baltimore, and NYC.
Maybe the male doesn’t want kids but the female wants kids and still has em. Do the male’s still have to pay child support? Or can he just Abort his wallet from the female?
Say that Claire!!! 💜👏🏼💯
Her first born child’s name is ‘Lucky’.
Got to admire the honesty.
Only because the Abortion was botched!
@angry quad: No. It’s only because you keep talkin’ trash. Dingleberry.
Also, all those rapists are to be executed as soon as the baby is born, so they will never be able to demand visiting or other legal rights concerning the child. And while we’re on that subject, same goes for the rapist’s parents, the child’s grandparents on the “father’s” side. Just as a precaution to prevent any grandparent claims.
Too bad for them as well, that abortion isn’t an option anymore… but actions have consequences.
In no way will this impact the wealthy texans wanting an abortion
keep up with the cultural appropriation… Never let up on it.
Reminiscent of the Salem Witch Trials, an a**backwards State like Texas wants to relive malicious draconian indictments and vilifications of women.
Claire’s passionate response is very moving and from the Truth deep within her as well as countless other women WHO SHALL LET THEIR TRUTHS BE KNOWN LOUDLY!!!🦋
I always get a big laugh when I read about the psychological damage an abortion does on the woman. Its funny to hear about them totally breaking down and becoming even more useless in society.
Governor abbott beats the Democrats and won the abortion culture wars
Abbott:1
Democrats:0