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this post was submitted on 14 Sep 2023
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politics
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This is the best summary I could come up with:
But, in Whole Woman’s Health v. Jackson (2021), the Supreme Court effectively shut down federal lawsuits challenging unconstitutional laws that are enforced solely by bounty hunters.
As the Supreme Court said in Shapiro v. Thompson (1969), “the nature of our Federal Union and our constitutional concepts of personal liberty unite to require that all citizens be free to travel throughout the length and breadth of our land uninhibited by statutes, rules, or regulations which unreasonably burden or restrict this movement.”
And, in a 5-4 decision, the Supreme Court agreed that this bounty hunter framework immunized the law from federal lawsuits seeking to block it.
That’s why it was so important to block the law before anyone was sued under it, and why the Supreme Court’s decision to immunize SB 8 from federal review was such a harsh blow to abortion rights in Texas.
Under that legislation, the ban on traveling through the wrong Texas county to help someone obtain an abortion “shall be enforced exclusively through ... private civil actions.”
But the law could wind up deterring women in abusive relationships, or other patients whose acquaintances or family members learn that they are seeking an abortion.
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