OK, fine. But if the abortion actually happens, then how is it manufactured?
Because the hypothetical plaintiff is pro choice.
So what? There is nothing in the law about that.
In a āmanufactured caseā you would have to come up with some damages to the person bringing the suit. Thatās what makes it manufactured. The way this law is written, that burden is lifted.
Yes, there is. Not in the statute, but in the common law that the Federal courts normally trade in.
Planned Parent v Casey essentially broke away from the trimester approach of Roe v Wade, basically setting a standard of viability as the baseline. Your general point is still valid, of course, since it seems inconceivable that an argument as to viability at a date as early as that date where the Texas statute kicks in could prevail.
The real question right now is as to whether the current SC will move further away from the precedent of Casey. In addition, as some others have alluded to, this law potentially raises a host of new due process concerns (e.g., there are evidentiary problems around establishing that thereās an abortion as opposed to a miscarriage, along with other privacy concerns surrounding those particular circumstances that mostly didnāt apply in the earlier cases since the proscriptions generally targeted specific procedures that directly related to abortion ā this statute is much more amorphous and broader in scope).
I suspect weāll learn where things stand soon, tho, as these cases come before the high court. In the near future.
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If youāre saying that there is a requirement that the plaintiff has to believe theyāre morally correct in bringing the suit, I guess Iāll take your word for it. But I kind of feel like if such a rule exists, itās broken routinely.
Itās not.
Iām sure poor people who donāt have cars occasionally call cabs/Uber when they have to be driven somewhere.
Yeah, cabs not wanting to serve poor neighborhoods is a significant issue in big cities, at least it was before Uber.
Iām sure that there are lawyers out there working on this, but manufactured trial balloon cases donāt just appear out of nowhere.
You probably need a pregnant individual who is willing to have their abortion be the subject of a lawsuit (even though they canāt be personally sued under the law, thereās going to be a lot of publicity and attention on the case and not everyone wants to invite that attention).
You probably want agreement from everyone who could possibly be considered a helper so that you can shield them from liability.
You need an airtight legal argument that you think will not only get the courts to rule in your favor in your specific case, but to do it in a way that actually sets some precedent and is strong enough to act as a deterrent to other lawsuits. You canāt just win your case, you need a clear and convincing judicial smackdown and you need it quick. That means finding a really clean case that doesnāt allow the courts to punt the decision on narrow, procedural grounds.
And, by bringing the exact type of case the law authorizes, you run the risk of validating the whole process, so you might decide that it is strategically better to try other ways of challenging the law first before bring this type of manufactured test case. And some other types of challenges have already occurred, like the case where Planned Parenthood got a tro against Texas Right to Life
Tl/dr: while time is off the essence there is also a real price if you move too quickly, get sloppy and end up setting some bad precedent, so Iām not surprised that itās taking a few days.
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Thatās all I needed to hear.
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I wonder what percentage of anti-abortion activists even know this? 1%?
Itās so fundamental to their identity to think doctors are delivering beautiful full-term babies, then smashing their heads in.
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I was going to do a spongebob ātHe SuPrEmE cOuRt iS nOt PoLiTiCaLā but this one is better
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These guys are legit awesome. Highly recommend the documentary.
Point me to the doc?
It might still be on Netflix in the USA
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Looks like the Supreme Court is pretty staunchly in favor of abortion rights after all.
https://www.washingtonpost.com/world/2021/09/07/mexico-abortion-supreme-court/
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When asked what about women who are pregnant because of Rape, the Texas governor says simple, weāll just eliminate all rape
Texas Governor Greg Abbott weighed in on a burning question related to the stateās recently passed bill banning abortions after six weeks: what about victims of rape?
During a Tuesday press conference, Abbott said the law gives rape victims up to six weeks to get abortion and thusly ādoes not do that [force victims to have their assaulterās child].ā
āLetās be clear: rape is a crime,ā Abbott said. āAnd Texas will work tirelessly to make sure that we eliminate all rapists from the streets of Texas by aggressively going out and arresting them and prosecuting them and getting them off the streets.ā
On Tuesday, Gov. Abbott said the top goal is to āeliminate rapeā but that Texas will also provide support for victims through state organizations.