The state of Texas has passed a blatantly unconstitutional law on abortion. And the Supreme Court has refused to do anything about it. The New York Times editorializes:
The Texas law, known as SB 8, is the most brazenly anti-abortion law in the country. It bans abortions after six weeks of pregnancy, before many women even know they are pregnant. By itself, this violates a woman’s constitutional right to get an abortion, which the court has protected at least until the fetus is viable outside the womb, at around 22 to 24 weeks of pregnancy. That is why courts have struck down similar six-week bans in other states.
But worse still is the law's enforcement provision:
Instead of making it enforceable the usual way, through government officials, they authorized private citizens — in Texas or anywhere else — to sue anyone who is involved in performing an abortion or who “aids or abets” one: not only a woman’s doctor, but her family, her friends, potentially even the taxi driver who takes her to the clinic. There is no exception for cases of rape or incest, and the plaintiff doesn’t need to have any connection to the woman in order to bring the suit. If it succeeds, he or she is entitled to $10,000 plus legal fees. It’s a dream for bounty hunters and a nightmare for everyone else.
This is vigilante justice pure and simple. And it also nullifies the process of judicial review. Eight of the nine Supreme Court justices have law degrees from either Harvard or Yale. The majority ruling was unsigned and did nothing to enjoin the law.
So it has come to this. That old American saw that the United States is "a country of laws not men" is pure claptrap.
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