The Court's decision allowing the Texas law to go into effect claims it is not ruling on the merits, because it's unclear whether any lawsuits will be brought to prevent abortion, etc. This is just weird. Everyone knows they will be brought, that's why the clinics have stopped 1/
providing abortions. Justice Sotomayor calls it exactly right when she says it is the Ct burying its head in the sand. Chief Justice Roberts tellingly sides against Texas. And if this is the rationale, that Texas by enabling only private lawsuits 2/
means that cts are powerless because it's unclear whether the law will ever be enforced by private parties, that's dangerous for anyone who cares about constl rights. Take guns. States like NY can now create "private lawsuits" against people who carry firearms for any reason 3/
and say "oh it's not clear it'll ever be enforced, so cts you are powerless to do anything." The list of possible ways this silliness can be used to deny people their constl rights is endless. This is a low, low moment. END
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