Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsElie Mystal: This Is How You Smack Down Texas's Abortion Ban
Link to tweet
Tweet text:
🎃Imani Gandy Corn🎃
@AngryBlackLady
Not only is this piece by @ElieNYC typically brilliant, but I noticed that he's started using "pregnant people" and I'm legit proud. Thank you, Elie. #SB8
This Is How You Smack Down Texass Abortion Ban
This Is How You Smack Down Texass Abortion Ban
On Wednesday, a federal judge in Texas suspended SB8. His ruling offers a step-by-step legal guide to striking down the law for good.
thenation.com
8:34 AM · Oct 8, 2021
🎃Imani Gandy Corn🎃
@AngryBlackLady
Not only is this piece by @ElieNYC typically brilliant, but I noticed that he's started using "pregnant people" and I'm legit proud. Thank you, Elie. #SB8
This Is How You Smack Down Texass Abortion Ban
This Is How You Smack Down Texass Abortion Ban
On Wednesday, a federal judge in Texas suspended SB8. His ruling offers a step-by-step legal guide to striking down the law for good.
thenation.com
8:34 AM · Oct 8, 2021
https://www.thenation.com/article/politics/texas-abortion-ban-block/
It is difficult to explain the extent to which Texass Senate Bill 8which bans abortions after six weeks of gestation and empowers private bounty hunters to sue anyone who aids and abets an abortionis unconstitutional and lawless. Even calling the law unconstitutional is like calling the Marianas Trench deep: Its true, but it fails to capture the abysmal quality of the thing. I feel I lack the vocabulary to describe how bad SB 8 is, but US District Judge Robert Pitman gave it a try. On Wednesday, he ordered a temporary injunction suspending enforcement of SB 8 and dedicated 113 pages to explaining why.
This weeks decision is not the first time Pitman has pushed back against SB 8. He denied Texass motion to dismiss a case brought by Texas abortion provider Whole Womens Health over the summer, before the law took effect. But he was overruled by the radically conservative Fifth Circuit Court of Appeals and eventually the Supreme Court of the United States.
With that law now in effect, and pregnant people in Texas systematically denied access to their constitutional rights, Attorney General Merrick Garland and the Department of Justice sued Texas for its brazen violation of constitutional law. That gave Judge Pitman another opportunity to rule SB 8 unconstitutional, which he did this week.
Most likely, Pitman will be overruled by the Fifth Circuit. Soon. Perhaps by the time Im finished writing this sentence. But when the seemingly inevitable conservative clapback comes, you should know that the conservative courts will be acting in service of their political agendas, unbound by strictures of law. We know that because in his decision Judge Pitman explained the common understanding of how the law works, which seems to have escaped conservatives on the Fifth Circuit and Supreme Court, and then illustrated how SB 8 clearly violates basic legal principles.
*snip*
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
4 replies, 1191 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (22)
ReplyReply to this post
4 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
Elie Mystal: This Is How You Smack Down Texas's Abortion Ban (Original Post)
Nevilledog
Oct 2021
OP
I think what he says is a law no one has standing to challenge is tyranny.
bucolic_frolic
Oct 2021
#1
bucolic_frolic
(43,161 posts)1. I think what he says is a law no one has standing to challenge is tyranny.
Hamlette
(15,412 posts)2. interesting footnote on page one
The Amici States are Massachusetts, California, Colorado, Connecticut, Delaware, the District of Columbia,
Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York,
Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and the Attorney General
of North Carolina Joshua H. Stein. (Dkt. 9)
So, does NC have a sane AG? Anyone know?
Tanuki
(14,918 posts)3. Yes, the NC AG is Democrat, Josh Stein.
He has a very good record.
https://en.m.wikipedia.org/wiki/Josh_Stein
Hamlette
(15,412 posts)4. good on him