Texas Abortion Law Will Fail in State Courts

Texas Abortion Law Will Fail in State Courts

September 3, 2021 The Texas abortion law is a stunt and it will fail. In order to sue someone, plaintiffs need to have standing. “Standing” in state courts mandates that Plaintiffs have sustained or will sustain direct injury or harm and that the harm is subject to compensation. At the federal level, legal actions cannot be brought simply on the ground that an individual or group is displeased with a government action or law. Texas Governor Abbot and his lawmakers have tried to do away with the requirement in all US. Courts of standing and damages. What the Texas law declares completely debases U.S. courts saying we will allow anybody to use the court for their own ideological purposes without the requirement of standing or damages. Once Texans file cases to turn in innocent women and others, the judges will say to the plaintiff, “this is not the subject of a lawsuit, in order to bring a lawsuit you need standing and damages, and you have neither; you don’t like the way your neighbor exercises her constitutional rights, that’s tough, case dismissed.” Yet Texas passes a law declaring private citizens can sue any other citizens for exercising their constitutional rights, for doing something the first citizen does not like. Let’s break that constitutional logic down and apply it to a raw subject here in California – gun laws. According to Texas, California can now pass a law declaring citizens can sue anybody for carrying a gun. The person being […]

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