1/1
IN SEARCH OF A LAW THAT WORKS---EVEN IN TEXAS
The SC decision not to block enforcement of the Texas abortion law has people outraged and demanding a response.
This Article by renowned Legal Scholar and Constitutional Law expert, Laurence Tribe presents an interesting path.
IN SEARCH OF A LAW THAT WORKS---EVEN IN TEXAS
The SC decision not to block enforcement of the Texas abortion law has people outraged and demanding a response.
This Article by renowned Legal Scholar and Constitutional Law expert, Laurence Tribe presents an interesting path.
https://twitter.com/1zzyzyx1/status/1435577279602520071
2/11
Professor Tribe starts with the 1871 Ku Klux Klan Act. That's right, a 150 yr old law targeting "extrajudicial violence" by white supremacist's (a/k/a lynchings)
The other piece of his plan is to use the holding from a 1982 SC case(Grendel's Den) that he argued...and won.
Professor Tribe starts with the 1871 Ku Klux Klan Act. That's right, a 150 yr old law targeting "extrajudicial violence" by white supremacist's (a/k/a lynchings)
The other piece of his plan is to use the holding from a 1982 SC case(Grendel's Den) that he argued...and won.
3/11
In Grendel, Tribe used the 1871 KKK Act to stop a church from denying a local bar a liquor license.
The SC interpreted the KKK Act to stand for the proposition that the government can NOT delegate their powers (granting a liquor license) to private entities (a local church)
In Grendel, Tribe used the 1871 KKK Act to stop a church from denying a local bar a liquor license.
The SC interpreted the KKK Act to stand for the proposition that the government can NOT delegate their powers (granting a liquor license) to private entities (a local church)
4/11
This is REAL lawyering. Paper Chase sort of stuff
I'm just not sure that an 1871 antilynching statute combined with a 1982 case involving a church denying a liquor license is going to result in a slam dunk decision that the Texas Abortion/Bounty Statute is unconstitutional
This is REAL lawyering. Paper Chase sort of stuff
I'm just not sure that an 1871 antilynching statute combined with a 1982 case involving a church denying a liquor license is going to result in a slam dunk decision that the Texas Abortion/Bounty Statute is unconstitutional
5/11
Do you think that GOP lawyers might be able to distinguish the instant situation from the KKK Act/Grendel ruling?
Is a church denying a liquor license the same as suing a woman in Texas for getting an abortion after a fetal heartbeat was detected?
Do you think that GOP lawyers might be able to distinguish the instant situation from the KKK Act/Grendel ruling?
Is a church denying a liquor license the same as suing a woman in Texas for getting an abortion after a fetal heartbeat was detected?
6/11
Also, someone has to file this case. Who gets named as the Defendant before any Plaintiff files under the Texas Law?
In Grendel, the Liquor Commissioner was the Defendant because they issued liquor licenses. Who is the corresponding party in the case of the Texas Law?
Also, someone has to file this case. Who gets named as the Defendant before any Plaintiff files under the Texas Law?
In Grendel, the Liquor Commissioner was the Defendant because they issued liquor licenses. Who is the corresponding party in the case of the Texas Law?
7/11
Most importantly, who is going to make the ultimate decision on whether this theoretical plan is successful???
That's right...the same 5 men and 1 woman (Satan's Christian Alliance) who just made the unsupportable decision in the SCOTUS in the Whole Woman's Health case.
Most importantly, who is going to make the ultimate decision on whether this theoretical plan is successful???
That's right...the same 5 men and 1 woman (Satan's Christian Alliance) who just made the unsupportable decision in the SCOTUS in the Whole Woman's Health case.
8/11
HERE'S THE REAL PROBLEM
Congress has had 48 years to codify Roe v Wade into a clearly enforceable Federal Statute. A law sooooo clear that not even TFG's flunky appointees could get past. But they didn't?
WHY?
HERE'S THE REAL PROBLEM
Congress has had 48 years to codify Roe v Wade into a clearly enforceable Federal Statute. A law sooooo clear that not even TFG's flunky appointees could get past. But they didn't?
WHY?
9/11
The Dems are always fooling themselves...thinking that everyone is going to play by the rules---even the "unwritten" rules:
"Hey, we've got this great SC decision in Roe v Wade. What could ever go wrong?"
I'll tell you what could/did go wrong...the Evangelicals and the GOP
The Dems are always fooling themselves...thinking that everyone is going to play by the rules---even the "unwritten" rules:
"Hey, we've got this great SC decision in Roe v Wade. What could ever go wrong?"
I'll tell you what could/did go wrong...the Evangelicals and the GOP
10/11
Over the last 5 decades the GOP/Right Wing Christians in the Red States have continually chipped away at Roe...each time going a little further in each successive step toward their ultimate goal--to OUTLAW abortion. And, Congress did nothing.
Over the last 5 decades the GOP/Right Wing Christians in the Red States have continually chipped away at Roe...each time going a little further in each successive step toward their ultimate goal--to OUTLAW abortion. And, Congress did nothing.
11/11
Congress can still fix this
They could codify Roe v Wade in a matter of weeks--or, at a minimum, bring it to a vote so that each Member Of Congress can stand up and take a position on whether women get to control their own bodies
Let's be proactive for once-JUST A THOUGHT
Congress can still fix this
They could codify Roe v Wade in a matter of weeks--or, at a minimum, bring it to a vote so that each Member Of Congress can stand up and take a position on whether women get to control their own bodies
Let's be proactive for once-JUST A THOUGHT
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