Without commenting on whether abortion should remain legal, I am vehemently opposed to the way Texas went after it in SB 8.As you know, SB8 sets up the framework for any private citizen to sue anyone who facilitates an abortion in violation of that law which prohibits abortion after the point when a heartbeat can be detected. The citizen can reap a financial reward for doing so.This is a poor way to govern, employing citizens as bounty hunters to enforce a law that would be unconstitutional if the state did the enforcing. Way to go Texas for creating another tool to chip away at the constitution, regardless of your claimed noble purpose. The ends DO NOT justify the means.Exactly as I feared, this method can and is being used by sidestep other protections otherwise guaranteed by the constitution. Here is a Second Amendment attack being developed in California.https://www.sacbee.com/news/politics-government/capitol-aler...Gavin Newsom calls for bill modeled on Texas abortion ban to crack down on gun manufacturersCalifornia Gov. Gavin Newsom said Saturday he will push for a new law modeled on Texas’ abortion ban that would let private citizens sue anyone who makes or sells assault weapons or ghost guns.Newsom has excoriated the Texas law for limiting women’s access to abortion by allowing people to sue anyone who “aids or abets” one performed after about six weeks, before many women know they are pregnant. Nevertheless, he said the Supreme Court’s decision Friday to let the law stay in effect while legal challenges proceed has opened an avenue for states to circumvent federal courts....... more erosion of our countries foundation at the link
As much as I agree with the estimate regarding the use of citizens to narc on each other, this is in no way new.It is an enforcement mechanism used by such various entities as the IRS, DEA, even the American with Diabilities Act.More than one of my clients fell prey to roving bands of grievance lawyers who threatened owners for such minor infractions of not installing a HC parking sign while the contractor had not even completed the punch list to complete the work, nor had the Ada inspection been undertaken. This, in spite of the law allowing 1 year to come in compliance, and the contractor needing a couple of days to complete his work.Such a system brings corruption, greed, and needlessly victimizes fellow citizens.
I believe Newsom is intentionally creating quite the quandary for the USSC.Deservedly so.
I don't think a California bounty on gun sellers would be a quandary for SCOTUS. They are often hypocritical with their rationalized political rulings. I was surprised SCOTUS didn't find SB8 unconstitutional, as it is a clear violation of Separation of Powers. SB8 does not allow the executive branch to implement SB8, and does not allow the judicial branch to interpret SB8. But maybe the legislative branch needs to be given more power, as the executive branch and judicial branch both gained enormous power in the last 100 years, and the legislative branch has grown weak.And states' rights are a good thing. Let California and Texas go their separate ways.
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