All over again. he said, as with the massachusetts liquor law, the texas abortion law delegates quintessentially governmental power to private parties. but this time it s a state delegating authority to, as he puts it, quote, literally anyone on earth with an objection to abortion, giving that individual or organization the unilateral and unfettered power to inflict punishment on whoever assists a woman in terminating a pregnancy. lawrence tribe said that supreme court precedent he pursued and won in 1982, the way he won that case for that bar in cambridge can be the undoing of the texas now, how exactly it has to go for that strategy to work, who has to bring the lawsuit and when and against whom, that itself is obviously very important to this as a strategy. logically it s also really interesting even to those of us who aren t lawyers. we re going to speak to lawrence tribe about that in just a
Of business, what they can do is say, you sue us for $10,000 or 10 million, because there is no limit put on the statute, and we ll sue you for double that. do you want to try? i think a lot of the people who would waltz into court and exercise this impermissibly delegated power over abortion will think twice several times. interestingly, the point about the grendel s den case and all of this talk about private power, is that even a justice who doesn t believe in roe v. wade, who doesn t think there is a basic right to abortion would have to confront all these precedents that say even if what you re doing is not something that s especially protected by
On earth with an objection to abortion, giving that individual or organization the unilateral and unfettered power to inflict punishment on whoever assists a woman in terminating a pregnancy. lawrence tribe said that supreme court precedent he pursued and won in 1982, the way he won that case for that bar in cambridge can be the undoing of the texas abortion ban as well. now, how exactly it has to go for that strategy to work, who has to bring the lawsuit and when and against whom, that itself is obviously very important to this as a strategy. logically it s also really interesting even to those of us who aren t lawyers. we re going to speak to lawrence tribe about that in just a moment. since the texas abortion ban was allowed to go into law last week, we ve been keeping an eye on neighboring states around texas, even neighboring very red
Our constitutional rights. i think there is some appeal or some i don t know, some easiness to the idea that the justice department could swoop in here and sort of save this constitutional right, that the government, the administration, could move in to act. but one of the ways you re describing the vulnerability of this law would involve bringing lawsuits by people who effectively were targeted by this texas law, and that would be handled as a civil matter? well, the individuals who were targeted, then the clinics that are taken out of business could bring lawsuits under the civil equivalent of the ku klux klan act, which is 42 u.s. code sections 1983 and 1985. those are the sections they could bring suits to basically get a multitude, multiple of whatever bounties are being claimed against them so that what we need, since this texas law operates by chilling abortion helpers and abortion providers, frightening them out
Though, watching all those developments was a bit of a bull from the blue to get today s news from across texas other state line. from across texas border to the south. because today the supreme court of mexico ruled that it is unconstitutional to ban abortion any longer in that country. some states in mexico allow for legal abortion, some do not, but the supreme court ruling today in mexico struck down one state s abortion ban, and the ruling is expected to be binding on all states in the country. in other words, mexico just got its roe v. wade today, just a few days after the republican-appointed majority on our supreme court got rid of the protections of roe in the united states of america. it s like our two countries passed each other at the threshold, right? one country leaving the century going backwards, the other one on its way in. nobody is quite sure what the