Would making Lubbock a ‘Sanctuary City’ pass constitutional muster?

Would making Lubbock a ‘Sanctuary City’ pass constitutional muster?

Moster Hide caption Loewy Hide caption By ARNOLD LOEWY and CHARLES MOSTER This week, Arnold Loewy and Charles Moster debate the constitutionality of a proposed ordinance to make Lubbock a Sanctuary City which would outlaw abortion. Moster is a former litigation attorney in the Ronald Reagan and George H.W. Bush presidential administrations who has offices in Lubbock, Amarillo, Midland/Odessa, Abilene and Georgetown. Loewy is the George Killiam Professor of Law at Texas Tech School of Law. LOEWY 1 In recent days, the Lubbock City Council has been considering a suggestion by Senator Charles Perry that Lubbock become a Sanctuary City for fetuses thereby criminalizing any attempt by Planned Parenthood or anybody else to perform an abortion within the city. Although I understand that a substantial number of Lubbock citizens, including Senator Perry and Mr. Moster, are opposed to abortion and would like to see it outlawed in Lubbock, such action, whether we use the euphemism “Sanctuary City” or not, is forbidden by the Constitution. It would be as if a city opposed to gun violence were to say, we are becoming a sanctuary city from violence, and henceforth no private citizen may own or carry a gun. Such a statute would obviously be unconstitutional under the Second Amendment as construed by the Supreme Court. Similarly a statute such as that suggested by Senator Perry would clearly violate the due process clause of the constitution as construed by the Supreme Court. I am not concerned about the potential lost opportunities […]

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