Enforcing Abortion Bans Is Much Harder Than Passing Them
The experience in Texas shows that workarounds pose daunting obstacles to such laws.
The experience in Texas shows that workarounds pose daunting obstacles to such laws.
Plus: free speech history, against regulating social media like phone companies, and more...
Azael Sepulveda is suing the city of Pasadena, Texas over its requirement that his autobody shop add 23 parking spaces he insists he doesn't need and can't afford.
ACLU: “The agency’s new rule substitutes parents’ judgment as to what medical care is in the best interests of their children for the judgment of the government.”
These orders aren’t about safety. They’re a complete rejection of the legitimacy of these procedures, and a denial of individual liberty.
Police seized more than $100,000 in cash from a 25-year-old Chicago woman for not correctly describing what her suitcase looked like.
Bianca King argues in a new lawsuit that Lakeway, Texas, zoning officials illegally deprived her of her right to earn a living by denying her a permit for her home day care business.
Brandon Krause has spent $30,000 trying to legalize a business that the city said for years was all up to code.
But he still had to drive two hours to do it in a legal state.
"Obviously we could have used the money, but at what cost?,” says Sheila Hemphill, an activist and lobbyist from Brady, Texas
But culture war political fights over race and sex education threaten their educational freedom.
Cops in Los Angeles killed a young girl in a department store dressing room by accident while firing at a suspect armed with nothing more than a bike lock.
The article explains why SB 8 potentially poses a threat to constitutional rights far beyond the abortion context, and how future court decisions could potentially mitigate it.
The officers originally received qualified immunity, meaning Timpa's estate had no right to state their case before a jury.
Politicians and cops found creative ways to dodge responsibility in 2021.
Financial pressure is the main reason why people say they move, and pandemic-era public policy created a lot more financial pressure in certain places.
Recent articles in the Texas Monthy and the New York Times provide some useful insight on why Texas has been gaining migrants at such a high rate.
And some state politicians are talking about asset forfeiture reform.
Gavin Newsom is exploring legislation to authorize private civil actions against people who sell "assault weapons" or gun kits.
Things are far from completely clear. But Justice Gorsuch's opinion may give preenforcement challenges to SB 8 and other similar laws a good deal more wiggle room than many think.
The Court allowed claims against health care regulators to proceed, but that will not prevent the private civil actions authorized by the law.
District Court Judge David Peeples focused on the law's "unique and unprecedented" enforcement mechanism rather than abortion rights.
The ruling is mostly based on the Texas state constitution and probably will not affect the federal case challenging SB 8, currently before the Supreme Court. But it makes some notable points, nonetheless.
A police dog's alert prompted the search, and the money was seized via civil asset forfeiture.
The appeals court is skeptical of the claim that the Texas governor's order illegally discriminates against people with disabilities.
Gov. Greg Abbott attacks First Amendment rights in the name of defending them.
A federal court wasn't having it.
There are better ways to build trust in the community than by violating the Fourth Amendment.
A delayed, but hopefully still helpful final rejoinder to Stephen Sachs.
A federal judge concluded that the Texas governor's ban on mask mandates illegally discriminated against students with disabilities.
Bau Tran might go to jail for his conduct, but he will be insulated from having to face a jury in civil court.
Gov. Greg Abbott’s crusade is costing the state huge sums just to try to prosecute thousands of misdemeanor trespassing cases.
The slippery slope risks created by upholding SB 8 threaten a vital constitutional principle - one far more important than any considerations on the other side. That is sufficient reason to rule against Texas in this case.
"This is not just an obvious constitutional infringement—it's hard to imagine a more textbook violation of the First Amendment."
Even justices who take a dim view of Roe v. Wade recognize the law’s chilling implications.
If Texas' SB 8 subterfuge works, it would be a dangerous road map for attacking other constitutional rights. The slippery slope risks on the other side are minor by comparison.
Today's Supreme Court oral argument suggests they will get the votes of six or more justices. If so, it will be a crucial victory for judicial protection of all constitutional rights, not just abortion rights.
The Firearms Policy Coalition amicus brief offers a simple and effective way to neuter the threat to judicial review posed by SB 8.
The actual number of abortions that S.B. 8 prevented by the end of September may be closer to 500 than 3,000.
Under S.B. 315, it is a misdemeanor, punishable by up to a year in jail, to employ 18- to 20-year-olds at any sexually oriented business.
Neither politician is willing to tolerate deviation from the one business policy he thinks is best.
A district court judge found "overwhelming evidence" of Vickers Cunningham's bigotry.
The experience with the Texas Heartbeat Act offers a preview of what that means.
Plus: A dangerous misunderstanding about what caused America's opioid overdose epidemic, a look at this year's Nobel Prize winners, and more...
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