Thread: Texas abortion vigilantism & Jim Crow
By now, ppl know that the TX abortion law was constructed to avoid lawsuit enforcement. But there's more to the story.
The law's tactics are the exact same that TX used a century ago under Jim Crow flux.community/stefanie-lindq…
By now, ppl know that the TX abortion law was constructed to avoid lawsuit enforcement. But there's more to the story.
The law's tactics are the exact same that TX used a century ago under Jim Crow flux.community/stefanie-lindq…
The Texas abortion law bans enforcement by “any person, other than an officer or employee of a state or local governmental entity in this state.”
This is how black Texans were deprived of their right to vote a century ago.
This is how black Texans were deprived of their right to vote a century ago.
Because of the 14th Amendment, Texas could not explicitly ban former slaves from voting. What it did instead in 1923 was to ban them from voting in party primaries. This was struck down by SCOTUS in 1927 in Nixon v. Herndon.
In 1928, Texas responded by allowing political parties to determine who was eligible to vote in their primaries. State and local officials were banned from enforcing the law. Exactly the same as what's happened in 2021 with abortion.
The law was voided by SCOTUS in 1944.
The law was voided by SCOTUS in 1944.
Right-wing white Democrats refused to back down in their racism, however. They began pushing a "pre-primary" that was separate from the political party contests and then excluded black Texans once again.
This was also overturned in 1953's Terry v. Adams
This was also overturned in 1953's Terry v. Adams
The current SCOTUS could easily have referenced these cases when considering whether to stay the Texas law. Luckily, the civil rights case brought by DOJ does reference them.
Jim Crow has been reborn as Jane Roe. And once again, it is low-income black women who are the victim.
Jim Crow has been reborn as Jane Roe. And once again, it is low-income black women who are the victim.
A friendly ping to @KarenAttiah who has been valiant in her educational efforts about the Texas law.
Whoops this should say "requires enforcement by anyone other than 'an officer or employee...'"
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