“Every constitutional right is now at risk”: Legal experts warn Supreme Court action on Texas abortion law could lead to copycats – By James Barragan and Cassandra Pollock (Texas Tribune) / December 12, 2021
Justice Sonia Sotomayor said the majority was straying from the court’s precedent to step in when state laws chill the exercise of constitutional rights while allowing other states to follow suit.
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The U.S. Supreme Court’s decision Friday allowing Texas’ abortion law to remain intact creates a roadmap for states that may seek to limit other constitutionally protected rights, legal experts warn.
Texas’ law bars abortions before many know they’re pregnant — at roughly six weeks gestation — and empowers private citizens rather than state officials to enforce it by suing individuals and abortion providers. During oral arguments in November, most of the court’s nine justices expressed concerns specifically over the state’s unique enforcement mechanism and how it may be used to curb other constitutional rights, including gay marriage, religious freedom, freedom of speech and gun rights.
The Texas law — which states such as Florida and Ohio have recently tried to mirror with their own proposals — also promises private citizens who sue $10,000 if they win their lawsuit, which critics have denounced as a “bounty” placed on people who seek abortions or help another person get one.
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