There aren't any. The Texas legislature tried to end-run around any judicial review of this new statute by only making it citizen-enforced with no role for the state. That way, in theory, no one can challenge the state in court since the state isn't doing any enforcing, only private citizens. In other words, you can't challenge the state in court for something it isn't actually doing.Josh wrote: ↑Thu Sep 02, 2021 4:48 pmThen the courts need to let conventional enforcement mechanisms stand.Ken wrote: ↑Thu Sep 02, 2021 4:41 pm Whatever you think about this new law, the enforcement mechanism is problematic and will come back to haunt conservatives if it isn't thrown out as it should be. Under this law, absolutely anyone with no connection to the accused can go to court and sue for damages from anyone with any connection to an abortion.
Why is that problematic? For example, many states have an initiative and referendum process whereby voters can collect petitions, put a proposal on the ballot, and if approved by voters, it becomes law.
Imagine if animal rights activists in a state like Ohio manage to get a new animal rights farm law on the ballot with this same enforcement mechanism and it passes. They would be creating open season for any and all animal rights activists from anywhere in the country to descend on Ohio and crawl across the Ohio countryside with telephoto lenses and camera drones, looking for farmers who might have their hogs too confined, Amish dog breeders who are mistreating their dogs, chicken farmers who don't have free range chickens, etc. etc. Thousands of costly lawsuits are filed across the state and thousands of farmers are bankrupted just defending against endless lawsuits. And if they don't defend themselves they automatically loose and owe $10k plus attorney costs to any yahoo who decides to sue them. Not one Amish or Mennonite farm would be safe from lawsuit or bankruptcy.
Imagine similar enforcement mechanisms applied to worker safety violations, food safety violations in restaurants, maintenance of riparian buffer zones around farms, non-point source pollution from farms, etc. etc. etc. Environmental activists could basically wipe out the rural ag industry and do it through back-door initiative and referendum processes that bypass state legislatures and governors. And since it would all be self-enforcing by self-appointed vigilantes, there would be nothing the state could do to rein it in.
It might take a while to get there, but I don't see how the courts let this enforcement mechanism stand.
They would have to go back and re-write the law to provide for conventional enforcement mechanisms through DAs and such.