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this post was submitted on 23 Oct 2023
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The real problem is this notion that these abortion bans are enforced through private lawsuits, and not by actual law enforcement. The law was crafted this way on purpose, to evade judicial review: you can't sue the State over its enforcement if the state doesn't enforce it. The article even quotes someone pointing out that all this does is get localities involved in private lawsuits.
Conservatives are super afraid of the Government intruding on people's lives but have no problem at all empowering nosy neighbors to do it.
As an experiment, a Liberal city with strict gun laws ought to pass similar laws empowering nosy neighbors to sue people they suspect of harboring illegal firearms, and Transporting them across state lines. It may be the only way to get this Conservative Supreme Court to address this practice.
More specifically, they have no problem with the government empowering itself to act on behalf of a specific faction of nosy neighbors by rendering judgments and using the power of the state to enforce them in a way that's functionally equivalent to treating those neighbors as witnesses to a crime.
If the Supreme Court was a judicial body and not an instrument of the Republican party, they would have stuck down the Texas law as an obvious "fuck you" to judicial authority based entirely on playing dumb about what RvW allows. But it turns out they didn't care because they were already planning on overturning RvW anyway, along with concepts like standing and precedent.
God I hate them so much.