Perspective
Turn the Liberal Vigilantes Loose!
Let’s follow the Texas Heartbeat Act to its natural conclusion
After first upholding the law, the Supreme Court agreed to review the Texas Heartbeat Act. Well, sort of. They’re not weighing in on the constitutionality of the law, but whether “the state can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil action.”
We’ll call this little maneuver the Texas Side Step. It’s a dance that’s got conservative justices tied up in knots. Both Amy Coney Barrett and Brett Kavanaugh contorted themselves to ignore the subject (abortion) and focus on the tactic (State endorsed vigilantism) instead.
Barrett focused on a provision in the law that limits what legal arguments abortion providers can make to defend themselves. But Kavanaugh, God bless him, he was worried about guns.
