Jason Posted September 18, 2021 Author Share Posted September 18, 2021 3 Quote Link to comment Share on other sites More sharing options...
Chris- Posted September 19, 2021 Share Posted September 19, 2021 Quote OPINION: Texas must eliminate rape test kit backlog OPINION?!?! 1 2 Quote Link to comment Share on other sites More sharing options...
b_m_b_m_b_m Posted September 19, 2021 Share Posted September 19, 2021 58 minutes ago, Chris- said: OPINION?!?! Listen bro, no one wants to work anymore so locking these boys up is only going to make things worse for small businesses who can't hire anyone Quote Link to comment Share on other sites More sharing options...
SaysWho? Posted September 20, 2021 Share Posted September 20, 2021 Also this week, Hoyer said the House will advance the defense authorization bill and vote on the Women's Health Protection Act to codify abortion rights protections under Roe. v. Wade into law. "This legislation would enshrine access to reproductive health care into law for all women across America," Hoyer said, adding that the House is forced to act because of the Supreme Court's "inaction" on blocking the six-week abortion ban in Texas. Gonna be an important bill to light a fire under people during the midterms and the remainder of this year's elections. 1 Quote Link to comment Share on other sites More sharing options...
SuperSpreader Posted September 20, 2021 Share Posted September 20, 2021 Texas doctor who says he performed abortion sued in first known challenge under new law WWW.CNN.COM A San Antonio doctor who wrote a Washington Post op-ed claiming that he had violated Texas' six-week abortion ban now faces a lawsuit brought against him under the ban. Quote Link to comment Share on other sites More sharing options...
Commissar SFLUFAN Posted September 20, 2021 Share Posted September 20, 2021 1 minute ago, SuperSpreader said: Texas doctor who says he performed abortion sued in first known challenge under new law WWW.CNN.COM A San Antonio doctor who wrote a Washington Post op-ed claiming that he had violated Texas' six-week abortion ban now faces a lawsuit brought against him under the ban. I suggest that everyone read the article because it's not what you think. Quote Link to comment Share on other sites More sharing options...
Fizzzzle Posted September 20, 2021 Share Posted September 20, 2021 It sounds like the only way we'll be able to get this through the courts is for an abortion to be conducted, a lawsuit to happen, and then a countersuit to the... judge? for handing out the penalty. Like there's a grey area the law specifically targets wherein state officials are not held responsible and therefore can't be sued... but then if a judge hands out a civil punishment, you could argue that the judge is acting as an agent of the state in that capacity, so... maybe? Quote Link to comment Share on other sites More sharing options...
Commissar SFLUFAN Posted September 20, 2021 Share Posted September 20, 2021 Just now, Fizzzzle said: It sounds like the only way we'll be able to get this through the courts is for an abortion to be conducted, a lawsuit to happen, and then a countersuit to the... judge? for handing out the penalty. Like there's a grey area the law specifically targets wherein state officials are not held responsible and therefore can't be sued... but then if a judge hands out a civil punishment, you could argue that the judge is acting as an agent of the state in that capacity, so... maybe? The countersuit isn't necessary to challenge the law. Quote Link to comment Share on other sites More sharing options...
Fizzzzle Posted September 20, 2021 Share Posted September 20, 2021 1 minute ago, Commissar SFLUFAN said: The countersuit isn't necessary to challenge the law. In this case, wouldn't it be? The 5th circuit and supreme courts have already refused to file an emergency injunction, and the law states that state officials are not held responsible for enforcement of the law. The only way it could be challenged that I can see is someone has to get sued for performing/abetting an abortion, then force it to the court of appeals. I guess you're right, it wouldn't be a countersuit necessarily, just an appeal. Though I'm not hopeful in the least that the appeal would be upheld at this point. Quote Link to comment Share on other sites More sharing options...
Fizzzzle Posted September 20, 2021 Share Posted September 20, 2021 8 minutes ago, Commissar SFLUFAN said: The countersuit isn't necessary to challenge the law. Wait, if I understand this correctly, it WOULD take a different lawsuit. You would have to do something like sue the judge who handed out the punishment. That's the only way you could actually challenge the law itself, not just the individual case. Unless there's something I'm missing. Quote Link to comment Share on other sites More sharing options...
Commissar SFLUFAN Posted September 20, 2021 Share Posted September 20, 2021 11 minutes ago, Fizzzzle said: Wait, if I understand this correctly, it WOULD take a different lawsuit. You would have to do something like sue the judge who handed out the punishment. That's the only way you could actually challenge the law itself, not just the individual case. Unless there's something I'm missing. The defendant in the lawsuit can argue that the law is unconstitutional as part of their defense. 1 Quote Link to comment Share on other sites More sharing options...
Ghost_MH Posted September 21, 2021 Share Posted September 21, 2021 1 hour ago, Commissar SFLUFAN said: The defendant in the lawsuit can argue that the law is unconstitutional as part of their defense. Doesn't the law day that the constitutionality of the law cannot be challenged as part of the defense? Quote Notwithstanding any other law, the following are not a defense to an action brought under this section: (1) ignorance or mistake of law; (2) a defendant's belief that the requirements of this subchapter are unconstitutional or were unconstitutional; (3) a defendant's reliance on any court decision that has been overruled on appeal or by a subsequent court, even if that court decision had not been overruled when the defendant engaged in conduct that violates this subchapter; ... Quote Link to comment Share on other sites More sharing options...
Commissar SFLUFAN Posted September 21, 2021 Share Posted September 21, 2021 4 minutes ago, Ghost_MH said: Doesn't the law day that the constitutionality of the law cannot be challenged as part of the defense? I don't see how that prevents the defense from arguing against the constitutionality of the law as part of their defense. The objective would be to get a ruling on the constitutionality of the law regardless of what the law actually says. Quote Link to comment Share on other sites More sharing options...
Commissar SFLUFAN Posted September 21, 2021 Share Posted September 21, 2021 This is the actual complaint which is absolutely delightful to read: 1 Quote Link to comment Share on other sites More sharing options...
b_m_b_m_b_m Posted September 21, 2021 Share Posted September 21, 2021 The point of the lawsuits is not the merit but the chilling effect and the effect that would have on the ability of abortion providers to remain open Technical merit or implementation are wholly irrelevant when a scared young woman or nurse or whomever has a $10k sword of Damocles hanging high Quote Link to comment Share on other sites More sharing options...
Signifyin(g)Monkey Posted September 21, 2021 Share Posted September 21, 2021 21 hours ago, SaysWho? said: Also this week, Hoyer said the House will advance the defense authorization bill and vote on the Women's Health Protection Act to codify abortion rights protections under Roe. v. Wade into law. "This legislation would enshrine access to reproductive health care into law for all women across America," Hoyer said, adding that the House is forced to act because of the Supreme Court's "inaction" on blocking the six-week abortion ban in Texas. Gonna be an important bill to light a fire under people during the midterms and the remainder of this year's elections. This is probably the Dems’ best chance to not get totally stomped in the midterms. As of right now they’ve done very little to inspire the base. Quote Link to comment Share on other sites More sharing options...
SaysWho? Posted September 21, 2021 Share Posted September 21, 2021 1 hour ago, Signifyin(g)Monkey said: This is probably the Dems’ best chance to not get totally stomped in the midterms. As of right now they’ve done very little to inspire the base. Judges should be extremely exciting unless they only matter when Republicans do it. Relief bill was a good bill that actually brought positive change to many people. Lots of good in infrastructure and if both that and reconciliation pass, I don’t want to hear excuses about how motivated someone is. Quote Link to comment Share on other sites More sharing options...
TwinIon Posted September 21, 2021 Share Posted September 21, 2021 I honestly have no idea what it means for the future of this law that the first suit is being brought by someone from outside Texas who doesn't seem to really care about abortion. On the one hand it highlights the insanity of the law, on the other it feels like this particular suit may get thrown out on other grounds and leave the law intact. Quote Link to comment Share on other sites More sharing options...
Ghost_MH Posted September 21, 2021 Share Posted September 21, 2021 So, idea time. Can there just be a rotating fund used for those sued under Texas law? And then every doctor and person involved in abortion can tell one guy in Texas and that one guy can then go ahead of sue while everyone involved just choose to represent themselves. Doctors can then pull from the fund to pay the $10k to the one guy and then the one guy can go ahead and put it back in the fund. Someone explain to me why this wouldn't work under the law as it's written. Quote Link to comment Share on other sites More sharing options...
Fizzzzle Posted September 23, 2021 Share Posted September 23, 2021 1 Quote Link to comment Share on other sites More sharing options...
Commissar SFLUFAN Posted September 23, 2021 Share Posted September 23, 2021 On 9/21/2021 at 2:59 PM, Ghost_MH said: So, idea time. Can there just be a rotating fund used for those sued under Texas law? And then every doctor and person involved in abortion can tell one guy in Texas and that one guy can then go ahead of sue while everyone involved just choose to represent themselves. Doctors can then pull from the fund to pay the $10k to the one guy and then the one guy can go ahead and put it back in the fund. Someone explain to me why this wouldn't work under the law as it's written. The suit will probably get tossed as being "frivolous" or some other legal provision that deprives it of standing. Quote Link to comment Share on other sites More sharing options...
SuperSpreader Posted October 2, 2021 Share Posted October 2, 2021 Quote Link to comment Share on other sites More sharing options...
SuperSpreader Posted October 2, 2021 Share Posted October 2, 2021 imgur.com M.IMGUR.COM Imgur: The magic of the Internet Quote Link to comment Share on other sites More sharing options...
Keyser_Soze Posted October 2, 2021 Share Posted October 2, 2021 1 7 1 Quote Link to comment Share on other sites More sharing options...
Jason Posted October 2, 2021 Author Share Posted October 2, 2021 29 minutes ago, Keyser_Soze said: bofa? 1 Quote Link to comment Share on other sites More sharing options...
LazyPiranha Posted October 3, 2021 Share Posted October 3, 2021 A classic example of Ligma protesting. 1 Quote Link to comment Share on other sites More sharing options...
Commissar SFLUFAN Posted October 7, 2021 Share Posted October 7, 2021 US judge temporarily blocks Texas’ near-total abortion ban in blow to contentious law | Texas | The Guardian WWW.THEGUARDIAN.COM The move prevents the state from enforcing the Republican-backed SB8, which prohibits abortions when cardiac activity is detected 1 Quote Link to comment Share on other sites More sharing options...
Keyser_Soze Posted October 11, 2021 Share Posted October 11, 2021 1 1 4 1 Quote Link to comment Share on other sites More sharing options...
Commissar SFLUFAN Posted October 22, 2021 Share Posted October 22, 2021 Quote Link to comment Share on other sites More sharing options...
b_m_b_m_b_m Posted October 22, 2021 Share Posted October 22, 2021 I wonder what are the odds that Thomas has a concurrence while explicitly overturning Roe and Casey that the original intent of the 14th amendment means they meant to ban abortion nationwide Quote Link to comment Share on other sites More sharing options...
b_m_b_m_b_m Posted October 22, 2021 Share Posted October 22, 2021 Quote Link to comment Share on other sites More sharing options...
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