Who will be the Estelle Griswold of Texas?
Pre-enforcement challenges to S.B. 8 have failed. And due to S.B. 8’s unique structure, I think facial challenges will also fail–whether brought by abortion providers or the United States. Perhaps the only way to test the constitutionality of S.B. 8 is to set up a real test case. Old school style. Deliberately violate the law, and wait to be sued. At that point, the constitutionality of S.B. 8–in that particular context at least–can be tested.
There is some precedent for this
Article from Latest – Reason.com