The new law passed in Texas involving the ban on abortions has brought a number of unforeseen consequences. The law was passed in Texas using a legal strategy, adaptable to other topics and legal fights such as pornography and the rights of the LGBT community. Many states, run by the Republican party, have seen a rise in the use of a similar strategy in the battle against other social and cultural topics.
The legal Strategy Used To Ban Abortions Can Be Adapted To Other Issues
The law banishing abortions in Texas was passed using an unusual new strategy. The legal strategy introduced the involvement of ordinary citizens, who sued those responsible for performing abortions. Citizens were given monetary incentives for suing abortion clinics. The law allows ordinary citizens to file suits against abortion clinics, doctors, nurses, even taxi drivers that help to drop the pregnant woman at the clinic.
This litigation process seems to be effective as the threat of filing legal suit is enough to cause abortion clinics to follow the law. This law prevents the abortion of the fetus after the pregnancy has progressed for six weeks. The new Texan law allows ordinary people to collect remuneration on winning the legal suits of an amount of up to $10,000. If they lose the case, they are not required to pay the defendant’s legal fees.
Lawsuits being filed by residents is not a new feature of the litigation process, it is more a tactic used in environmental law cases. Experts say that adapting this tactic to other areas of law could reshape the way arguments are won on topics that were previously at a standstill. Some legal strategists believe that the new tactic could be an effective technique used by Democrats in the matter of gun control.
Attorney General Merrick Garland stated that the Department of Justice planned to sue over the new law. Garland explained the dangers posed by this new law on the rights of others. He said that this new law that allowed private residents to freely sue would have a devastating effect. Garland explained that intervention from private citizens is a gross infringement on the rights of others.
This new legal strategy has already been put into practice across a number of States in America particularly with regard to abortion cases. Courts have ruled in favor of cases fighting against these laws. However, there have been more and more cases where laws allow people to sue others for procedures that are part of the job.
For instance, a new law has emerged in Missouri that allows residents to file a lawsuit against the police force for implementing gun laws. Citizens of Kansas can now fight against mask mandates and protest the curbing of large numbers of people at mass gatherings. In Ohio as well a law allows residents to sue those acting during an emergency.
In Florida, a law has been passed that prohibits transgender students from using the bathroom. A renowned law professor at Vanderbilt University, Jessica Clarke says that these laws have been formulated in such a way that they cannot be contested in a federal court.
In Utah, a law was passed necessitating porn sites to put up a warning about the dangerous effects to minors. Simply the possibility of being sued by a number of people prompted sites to comply with this law. The Republican Representative of Utah, Brady Brammer constructed a bill that allowed people who may have been exposed to carcinogenic material to sue.
The law is set up in such a way that people are encouraged to collect remuneration like a bounty for suing companies and institutions. Brady Brammer commented that civil enforcement which was previously a tool of the Democrats has become a weapon in the arsenal of the Republicans. Brammer says that this legal strategy is an emulation of one used by Democrats for a long time but is now used by Republicans to win fights with conservative causes.
Another unique characteristic of the Texas law banning abortion is that one can file a lawsuit even without being directly affected. This tactic of civil law enforcement could backfire on Republicans says Michelle Simpson Tuegel an attorney in Texas. She explains that weaponizing civil enforcement can be a tactic adopted by Democrats in their fight against gun control.
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