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Gender: Male
Hometown: Rockfall, CT
Home country: USA
Member since: Thu Apr 15, 2004, 12:29 AM
Number of posts: 3,295

Journal Archives

This Texas abortion ban: I'm confused.

The law says that anybody living in Texas can sue abortion providers or people who assist women in getting abortions after the detection of a fetal heartbeat. If the suit is successful in stopping an abortion, the plaintiff receives $10,000 from the defendant. There are no criminal penalties. Hereís where my confusion lies: there is no such thing as double jeopardy in civil court, thatís part of the reason you need to show standing and a tangible injury to file a lawsuit. But the Texas law lets anyone sue so after someone is successfully sued, everyone else in Texas could theoretically file the exact same suit, and why wouldnít they with the promise of $10k sitting out there and all the difficult work of proving the case already done and written down in black and white in the court transcript? Coincidentally, the surge of suits would promptly shut down the civil side of the Texas legal system.

Also, whatís the standard of evidence for proving you prevented an ďillegalĒ abortion? Civil cases are usually decided on a preponderance of the evidence, but how do you prove somebody was going to have an abortion. How do you prove it occurred after a fetal heartbeat was detected? This would only be possible if the plaintiff had access to the patientís medical records, which are prevented from disclosure without patient authorisation by HIPAA; HIPAA is a federal law. Providers cannot be forced to break Federal law by state judges.

P.S. Maybe Iím not so confused after all. I wrote a Twitter thread on this noting that the method used to enforce the Texas ban could be used against, for example, gun manufacturers and gun stores to ban access to certain types of firearms. Then I read a WaPo article that made the exact same point:
ď Qui tam lawsuits, Jenkins said, are meant to ferret out wrongdoing. By contrast, he added, the abortion law allows any citizen to become a potential enforcer of a policy that will probably face serious constitutional challenges.
Jenkins said that principle could be applied by lawmakers in other states who want to take aim at aspects of the Constitution they donít like, such as freedom of the press or the right to bear arms.Ē


The Struts and Paris Jackson - Low Key in Love (new)

Liz Phair - Spanish Doors (new)

Trump announces forming "The Office of the Former President"

Iím guessing thatís the closest he will come to a concession, notwithstanding that ďThe Office of the Former PresidentĒ isnít an actual thing and if it was Jimmy Carter would have seniority.


What's up at the US State Department

Trumpís official biography says Donald J. Trump's term ended on 2021-01-11 19:39:28.


So England has Guy Fawkes Day on November 5th

to commemorate his failed attempt to blow up the Houses of Parliament. They have bonfires and fireworks. What are we going to do to commemorate the failed Trump putsch?
Posted by VMA131Marine | Wed Jan 6, 2021, 08:24 PM (3 replies)

Ken Dilanian melts down on live TV


Trump to try to invalidate all mail-in ballots in PA

Heís going to get smacked down in every court, but heís going to take it all the way to SCOTUS where he has a few favours to call in.


Long but Hilarious Twitter thread on the election

#BREAKING Polls are set to open in 48 hours across the US as the authoritarian regime of Donald Trump attempts to consolidate its hold over the troubled, oil-rich, nuclear-armed, north American nation. Analysts are sceptical the election will end months of political violence.

#BREAKING African envoys have called for Americans to maintain peace during the elections and to be prepared accept the outcome of the vote. In a joint statement , the diplomats condemned recent incidents of incitement, violence and intimidation directed at opposition supporters

Posted by VMA131Marine | Fri Nov 6, 2020, 02:09 AM (0 replies)

The Struts (featuring Robbie Williams) - Strange Days

This could be the anthem for 2020

Posted by VMA131Marine | Wed Oct 7, 2020, 04:13 AM (0 replies)
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