The Texas abortion law that was recently enacted clearly runs counter to everything established by Roe v. Wade. Rather than get hung up on the legal precedent of that li’l case, the conservative majority of the U.S. Supreme Court seemed more enamored with the “novel” way the Texas law skirts judicial review.
The Texas law specifies that—rather than being enforced by any arm of the state—it is to be enforced by regular citizens who can sue people and collect a $10,000 bounty. Real live Texas abortion bounty-hunters appear to be exempt from a court-ordered stay.
The majority on the high court didn’t seem to know what to do, other than admire the cleverness of the law. If we were to use the same principle that shields the Texas law to make other laws, the proverbial judicial wheels would be off the wagon.