The Soapbox

81_Hokie

Joined: 03/16/2005 Posts: 16483
Likes: 28832


But the TX law explicitly says that anybody can sue. I don't know that


there is any constitutional requirement for some level of impact or proximity to an event before somebody has standing. From Law.Cornell.Edu:

"A state's statutes will determine what constitutes standing in that particular state's courts. These typically revolve around the requirement that plaintiffs have sustained or will sustain direct injury or harm and that this harm is redressable."

From the Texas law itself:

" Sec. 171.208. CIVIL LIABILITY FOR VIOLATION OR AIDING OR
ABETTING VIOLATION. (a) Any person, other than an officer or
employee of a state or local governmental entity in this state, may
bring a civil action against any person who:
(1) performs or induces an abortion in violation of
this subchapter;
(2) knowingly engages in conduct that aids or abets
the performance or inducement of an abortion, including paying for
or reimbursing the costs of an abortion through insurance or
otherwise, if the abortion is performed or induced in violation of
this subchapter, regardless of whether the person knew or should
have known that the abortion would be performed or induced in
violation of this subchapter; or

As I said, I think the question is did Texas violate Roe when it set up this mechanism even if they are not themselves taking action to enforce it. I think the answer is clearly yes.


(In response to this post by hoolstoptheheels)

Posted: 09/07/2021 at 3:33PM



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Current Thread:
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  .** -- WaxHoo 09/07/2021 1:30PM
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