The Texas Abortion Law’s Defenders Take Their Trickery to the Supreme Court

The Texas Abortion Law’s Defenders Take Their Trickery to the Supreme Court

The Supreme Court is seen at dusk in Washington, Friday, Oct. 22, 2021. The justices have allowed a Texas law that bans most abortions to remain in effect for now, but heard arguments on November 1 over whether the law should be blocked while legal challenges continue. (AP Photo/J. Scott Applewhite) Near the midpoint of Monday’s oral argument in the twin cases challenging the Texas anti-abortion law, Justice Brett Kavanaugh asked Texas Solicitor General Judd Stone about an obscure amicus brief. The brief, which was submitted to the Court by the Firearms Policy Coalition , a pro–gun rights advocacy group, argues that S.B. 8 “will easily become the model for suppression of other constitutional rights with Second Amendment rights being the most likely targets.” As Kavanaugh explained, “The theory of the amicus brief is that [the law] can be easily replicated in other states that disfavor other constitutional rights.” A law like that one could, theoretically, say that any gun dealer who sells a lawful firearm to an individual can be sued in state court for, let’s say, a million dollars, even though the Constitution, as interpreted by the Court, gives individuals a right to own handguns. Stone was prepared for the question. In the past, gun owners “have turned to Congress and succeeded,” he said. “The Protection of Lawful Commerce and Arms Act, for example, was specifically passed in response to state tort lawsuits in which there was no immediate federal review that could only at most be […]

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