The Texas law which enables the punishment of persons obtaining or aiding an abortion after six weeks of conception is a violation of a constitutional right recognized by the Supreme Court in Roe v. Wade. The patently disingenuous attempt by Texas to cloak that fact, by passing its enforcement powers to private persons, should be promptly and roundly rejected by the Supreme Court.
The argument that this law is beyond judicial scrutiny because it does not amount to “state action “ is without merit.By granting private individuals standing to sue abortion recipients, providers or abettors, when no such authority would otherwise exist, Texas has exercised its state powers and deputized its citizens to act on its behalf as vigilantes.Furthermore, judicial enforcement of this law by state courts, enabling unconstitutional invasions of protected rights, constitutes state action triggering constitutional protections.
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