{"id":6097,"date":"2021-09-15T16:30:33","date_gmt":"2021-09-15T16:30:33","guid":{"rendered":"http:\/\/lonecandle.com\/?p=6097"},"modified":"2021-09-15T16:30:33","modified_gmt":"2021-09-15T16:30:33","slug":"opponents-of-the-texas-abortion-ban-are-struggling-to-find-defendants-they-can-sue-to-prevent-its-enforcement","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=6097","title":{"rendered":"Opponents of the Texas Abortion Ban Are Struggling to Find Defendants They Can Sue To Prevent Its Enforcement"},"content":{"rendered":"\n

“S.B. 8, the Texas abortion ban that took effect at the beginning of this month, was designed to frustrate pre-enforcement challenges by relying on private lawsuits to deter the conduct it forbids. A\u00a0recent ruling<\/a>\u00a0by the U.S. Court of Appeals for the 5th Circuit shows how effective that strategy is. Because S.B. 8 explicitly bars Texas officials from enforcing its restrictions, the 5th Circuit said on Friday, they cannot be sued to block its implementation\u2014a decision that illustrates the “complex and novel antecedent procedural questions” that the Supreme Court\u00a0mentioned<\/a>\u00a0when it\u00a0declined to intervene<\/a>\u00a0in this case.<\/p>\n\n\n\n


\u00a0The implication is that people who object to the law, which is\u00a0plainly inconsistent<\/a>\u00a0with Supreme Court precedents, cannot challenge its constitutionality until someone is sued for performing or facilitating a newly prohibited abortion. But meanwhile, the law has already had its intended effect, since the threat of litigation has led Texas clinics to\u00a0stop serving<\/a>\u00a0the vast majority of women seeking abortions.”\u00a0\u00a0<\/p>\n\n\n\n

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Opponents of the Texas Abortion Ban Are Struggling to Find Defendants They Can Sue To Prevent Its Enforcement<\/a><\/blockquote>