U.S. Supreme Court,
Constitutional Law
Sep. 8, 2021
Outsourcing the violation of constitutional rights to private parties
Texas’ new abortion law gives enforcement powers to private citizens. Is there precedent for that?
Marc D. Alexander
Attorney and Mediator
Alternative Resolution Centers (ARC)
Last week, media commentary on the abortion rights case, Whole Woman's Health v. Jackson, 21A24, circled around a host of issues: the U.S. Supreme Court's use of the shadow docket to punt on having to decide a Constitutional question, the jiggery-pokery explanation by the unsigned court majority for refusing to hear the request for provisional relief, the dissent by Chief Justice John Roberts, the so-called "institutionalist" on the court,...
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