Why Aren’t Texas Abortion Providers Actively Resisting S.B. 8?
Critics of S.B. 8 is that this private enforcement regime would allow blue states to prohibit firearm ownership. I’ve asked a gun rights activists what would happen if California banned the sale and possession of handguns through a private cause of action. Their response: “Come and take it.” They would engage in active civil disobedience, and resist the law. They would be happy to get sued, and would win in court every time. Of course, gun rights activists know that Heller is secure. Even if the Court will not expand the Second Amendment to conceal carry in Bruen, there is no realistic chance the Court scales back the right to keep a gun in the home.
Abortion, however, stands in a very different position. Roe and Casey are on the chopping block. There is a chance both precedents are overruled this Term. And abortion providers understand this risk all too well. As a result, with few exceptions, abortion providers have strictly complied with S.B. 8. Indeed, during the brief interregnum before the Fifth Circuit stayed Judge Pitman’s ruling, Planned Parenthood refused to provide post
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