Op-Ed: How the Texas abortion law could spawn threats to other constitutional rights (via latimesopinion)
The threat posed by the Supreme Court’s refusal to block the Texas abortion law — which bans 85% to 90% of abortions performed in the state — goes far beyond reproductive rights. It opens the door to insidious copycat laws that could be used to attack other constitutional rights.
The bizarre twist in this devious law is that a doctor or other persons targeted can only challenge the law’s constitutionalityin a civil lawsuit. In other words, a courageous doctor or health professional would have to violate the six-week ban, be sued for money damages in Texas state court, and then argue as a defense that the law is unconstitutional. If a state judge rules in the defendant’s favor and strikes down the law, the case could then go up to the U.S. Supreme Court.
Under the Supreme Court’s reasoning in the Texas case, the only way to challenge these unconstitutional laws would be to violate them, get sued by a private citizen, and then fight the lawsuit and the statute’s constitutionality.
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