As I have been telling everyone for months now, the next step is to stop women in forced birth states from crossing state lines to get an abortion by using the Texas "bounty" system to sue women in civil court, and that's now in the works in multiple states.
Several national antiabortion groups and their allies in Republican-led state legislatures are advancing plans to stop people in states where abortion is banned from seeking the procedure elsewhere, according to people involved in the discussions.
The idea has gained momentum in some corners of the antiabortion movement in the days since the Supreme Court struck down its 49-year-old precedent protecting abortion rights nationwide, triggering abortion bans across much of the Southeast and Midwest.
The Thomas More Society, a conservative legal organization, is drafting model legislation for state lawmakers that would allow private citizens to sue anyone who helps a resident of a state that has banned abortion from terminating a pregnancy outside of that state. The draft language will borrow from the novel legal strategy behind a Texas abortion ban enacted last year in which private citizens were empowered to enforce the law through civil litigation.
The subject was much discussed at two national antiabortion conferences last weekend, with several lawmakers interested in introducing these kinds of bills in their own states.
The National Association of Christian Lawmakers, an antiabortion organization led by Republican state legislators, has begun working with the authors of the Texas abortion ban to explore model legislation that would restrict people from crossing state lines for abortions, said Texas state representative Tom Oliverson (R), the charter chair of the group’s national legislative council.
“Just because you jump across a state line doesn’t mean your home state doesn’t have jurisdiction,” said Peter Breen, vice president and senior counsel for the Thomas More Society. “It’s not a free abortion card when you drive across the state line.”
The Biden Justice Department has already warned states that it would fight such laws, saying they violate the right to interstate commerce.
In relying on private citizens to enforce civil litigation, rather than attempting to impose a state-enforced ban on receiving abortions across state lines, such a law is more difficult to challenge in court because abortion rights groups don’t have a clear person to sue.
Like the Texas abortion ban, the proposal itself could have a chilling effect, where doctors in surrounding states stop performing abortions before courts have an opportunity to intervene, worried that they may face lawsuits if they violate the law.
I guarantee you that this SCOTUS will find a way to gut the Interstate Commerce clause to allow this garbage, and at some point, turning in your neighbor, wife, niece or daughter and collecting whatever the bounty is set at will be a regular occurrence in a couple of SCOTUS terms or two.
Expect Ron DeSantis and/or Greg Abbott to call a apecial session of their respective state legislatures in order to enact this ASAP, and for the law to be challenged legally, and for the SCOTUS shadow docket to refuse to stay the law.
Watch.
Posts
No comments:
Post a Comment