Supreme Court, Texas, Roe V Wade discussed on Fresh Air

Fresh Air


The court is kind of unconstitutional. So we're going to not allow us law to stamp the absolutely. They could have done that the your they could've you know like just suggested they could have said we did. Sue a state official. Who enforces the law. You sued a state judge. But yes i mean the ultimate point here is exactly what you said. This law was drafted in order to frustrate judicial review. It was drafted in order to prevent anyone from being able to suit a block. It and that's a really frightening prospect. I mean imagine if the texas governor had passed a law saying that anyone who criticizes me can be me. The texas governor can be sued obvious violation of the first amendment. I can't imagine a court would tolerate a law like that. So i think at least part of the story here. Is that the reason why. The supreme court was willing to tolerate this weird rube goldberg method of getting around the way that courts normally function is. Because there's now majority on the supreme court that opposes abortion rights. And they wanted to see this antiabortion law go into effect. So what would a challenge to this restrictive. Texas law look like who could challenge it. Under what circumstances so the way that things work now. After the supreme court's order is that someone has to wait until after they are sued and then once they are sued under the law. They can then go to court as the defendant and say your honor my defense to this lawless. That it's unconstitutional It's not lawful to ban abortion under roe v. Wade therefore this lawsuit should be thrown out there several problems to that approach. I mean one is like i said i think there's a very high likelihood that the supreme court is about to overrule roe v wade and if that happens. That defense doesn't work anymore. The other problem with it is that this law authorizes any person except for texas employees literally any person you don't have to be a texan. You don't have to be in any you don't have to know the person you're subic. Any person can sue an abortion provider. And so if someone violates the law in order to set up a test case where they can then go to court and say your honor. This laws unconstitutional. You should throw this lawsuit out. The probably not going to be sued one time they might be sued by thousands or tens of thousands of people. Because again anyone can file a lawsuit and to defend against those lawsuits. You need hire lawyers. Lawyers are expensive. You need to go to every single court in which you are sued and that could be courts all throughout taxes and that's extraordinarily expensive. The mere prospect of having to defend against this law could wind bankrupting and abortion clinic. So the person being sued has to pay a lot in court fees. Meanwhile the person suing them might get ten thousand dollars for their effort. So it's yeah Yeah exactly like the i mean. The person who is bringing the lawsuit will have some fees presumably will hire their own lawyer. You know they have to file a filing fee. It's not like you can bring a lawsuit for free. But the person being sued might be sued thousands of times you know there might be seven thousand lawsuits against them..

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