.LevinsonJessica: Justice Elena Kagan's 'some geniuses' comment is bad news for Texas' abortion ban
is whether the federal government can sue the state to stop its law from being enforced when Texas has said it is not the one enforcing the law.can sue to stop its restrictive abortion law before it goes into effect? No one. Instead, Texas says, we must wait for someone to violate the law, be sued, and then raise the law’s unconstitutionality as a defense.
We will soon know if states can design laws to bar federal judicial review of laws that blatantly trample on constitutional rights.
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