Strict Texas abortion law goes into effect after SCOTUS inaction

[Syt]

Official statement from the White House:

[crazy canuck]

It's been picked up on UK legal twitter (SCOTUS decisions/rulings are always so stylistically different from SCOTUK it's always really interesting) - but there seems to be a real divide (including Roberts).

Totally agree with Roberts and Kagan that the whole scheme of this - that the state can avoid review of doing something unconstitutional if it isn't the one doing it, but instead it deputises private citizens is crazy.

Under our law government cannot duck the constitutional question by passing the implementation of their policy onto non governmental actors. If that occurs then those non governmental actors also become subject to the Charter.  If the US has a similar approach then the big constitutional question would occur when the first bounty case is challenged on constitutional grounds.

[OttoVonBismarck]

My understanding from legal analysts I follow is that from a very technical perspective the court isn't really wrong to have not acted, the plaintiffs were filing suit against entities not really involved in any legal question per se that would justify an emergency stay. It is likely the first time one of these private party civil actions is brought, it could get ruled on differently. But the take I've seen is because of the effects of letting the law stand (which is to shut down all the abortion clinics in Texas at the moment) it justified some extraordinary action from the SCOTUS. Which there is some precedent for the SCOTUS stepping outside of its typical lane for extreme cases.

I somewhat wonder if the conservatives already know they are just going to overrule Roe itself in the case out of Mississippi that is getting decided this term, and thus it will moot a lot of this.

[Tonitrus]

Assuming the text of the law that I had found is the right one...it is not so much that it delegates enforcement to private actors (via lawsuit), but does so by forbidding the state, and lower jurisdictions/officials from enforcing it.

I cannot yet speak to my view on constitutionality, but regardless of that, it is batshit crazy.  Or at least, I cannot think of any other law that "bans" something, and then strictly pushes enforcement into the civil lawsuit realm. 

[Sheilbh]

I cannot yet speak to my view on constitutionality, but regardless of that, it is batshit crazy.  Or at least, I cannot think of any other law that "bans" something, and then strictly pushes enforcement into the civil lawsuit realm.

And as mentioned in the Quo Vadis thread it is particularly insane given the conservative stated fear of "cancel culture" to set a precedent of enforcement via activist groups acting as sort of civil litigation vigilantes

[Tonitrus]

The law, for those interested:

https://legiscan.com/TX/text/SB8/id/2395961

I am not sure if I filtered out the legalese well enough, but did I read it right that even if you win in a lawsuit, as the defendant, the law forbids that same winning defendant from recovering legal fees/costs from the losing plaintiff?

Edit: this part:

(i)  Notwithstanding any other law, a court may not award
   costs or attorney's fees under the Texas Rules of Civil Procedure or
   any other rule adopted by the supreme court under Section 22.004,
   Government Code, to a defendant in an action brought under this
   section.

[Jacob]

The law, for those interested:

https://legiscan.com/TX/text/SB8/id/2395961

I am not sure if I filtered out the legalese well enough, but did I read it right that even if you win in a lawsuit, as the defendant, the law forbids that same winning defendant from recovering legal fees/costs from the losing plaintiff?

Edit: this part:

(i)  Notwithstanding any other law, a court may not award
   costs or attorney's fees under the Texas Rules of Civil Procedure or
   any other rule adopted by the supreme court under Section 22.004,
   Government Code, to a defendant in an action brought under this
   section.

Oh if that's so, that makes it the perfect tool for harassing women for any reason whatsoever.

I guess it'd be poetic justice if someone puts a bunch of effort into spurious suits against high profile GOP women (and men, for aiding and abetting), safe in the knowledge there'll be no repercussions. But realistically it'll be used to harass people and organizations that are more vulnerable.

[crazy canuck]

The law, for those interested:

https://legiscan.com/TX/text/SB8/id/2395961

I am not sure if I filtered out the legalese well enough, but did I read it right that even if you win in a lawsuit, as the defendant, the law forbids that same winning defendant from recovering legal fees/costs from the losing plaintiff?

Edit: this part:

(i)  Notwithstanding any other law, a court may not award
   costs or attorney's fees under the Texas Rules of Civil Procedure or
   any other rule adopted by the supreme court under Section 22.004,
   Government Code, to a defendant in an action brought under this
   section.

Holy Crap.

Valmy, take your loved ones and leave now.

[The Brain]

When was the US supposed to disintegrate according to that nutty Russian professor btw?

[Tonitrus]

Yep, guess I read it right...

https://www.marketwatch.com/story/texas-abortion-law-10-000-penalty-could-incentivize-bounty-hunters-to-make-tens-of-thousands-of-dollars-11630609738

If a plaintiff wins, the defendants "and any lawyer who dares represent them are on the hook for the plaintiff's legal fees," Sepper added. When a case fails, defendants lack the same power to rake money from the plaintiffs for the cost of fighting the lawsuit, she noted.

Regardless of one's view on abortion (while not an abolitionist, I am probably more squeamish on the issue than not), as a simple matter of good law, this is fermented fruitcake level kind of nuts.

[Eddie Teach]

Yeah, regardless of one's view on Roe, the law is pretty fucked up.

[The Minsky Moment]

If I'm understanding correctly, they haven't ruled on the constitutionality yet, just declined to grant a stay.  So not settled law yet.

That's true but the fact that the Chief couldn't get one justice to support his position is a very bad sign.

[Admiral Yi]

50 bucks even it's overturned.

[Josquius]

Oh.
And here's the site for reporting annonymous tips.
https://prolifewhistleblower.com/anonymous-form/

Of course they've set up a firewall to block overseas access.
I was just going to have a look.
But now I must do my bit.

If you want to help enforce the Texas Heartbeat Act anonymously, or have a tip on how you think the law has been violated, fill out the form below. We will not follow up with or contact you.

Proof read much?

[The Larch]

And this is what happens when you open up access to stuff to the public. 

TikTokers flood Texas abortion whistleblower site with Shrek memes, fake reports and porn
Critics of Texas' new law have been filing hundreds of fake reports to the whistleblowing website in hopes of crashing it

Pro-choice users on TikTok and Reddit have launched a guerrilla effort to thwart Texas's extreme new abortion law, flooding an online tip website that encourages people to report violators of the law with false reports, Shrek memes, and porn.

The law makes it illegal to help women in Texas access abortion after the sixth week of pregnancy. To help enforce it, anti-abortion group Texas Right to Life established the digital tipline where people can send anonymous information about potential violations.

"Any Texan can bring a lawsuit against an abortionist or someone aiding and abetting an abortion after six weeks," the website reads, and those proved to be violating the law can be fined a minimum of $10,000. An online form allows anyone to submit an anonymous "report" of someone illegally obtaining an abortion, including a section where images can be uploaded for proof.

But pro-choice users had other ideas, bombarding the site with false reports and fabricated data through a campaign primarily organized on Reddit and TikTok.

Though the site was launched a month ago, the fake reports came flooding in on the eve of the bill's enactment. One TikTok user said they had submitted 742 fake reports of the governor Greg Abbott getting illegal abortions.

In a tongue-in-cheek caption, the user encouraged others to do the same: "It would be a shame if TikTok crashed the ProLifeWhistleBlower website".

Redditors said they had submitted reports blaming the state of Texas for facilitating abortions by having highways that allow people to travel to the procedure.

"Wouldn't it be so awful if we sent in a bunch of fake tips and crashed the site? Like, Greg Abbott's butt stinks," one TikTok creator said.

Another TikTok user showed how he uploaded Shrek memes claiming they were images proving "my wife aborted our baby 4 weeks into her pregnancy without my consulting me". Meanwhile, other users encouraged people to upload image attachments containing various kinds of porn.

The coordinated effort echoes a movement in June 2020 to flood a Donald Trump rally with fake sign-ups, resulting in an empty stadium for the actual event.

An activist who goes by the name Sean Black said he programmed a script to submit reports en masse on the website automatically.

Black, who describes himself as a "regular college student from North Carolina", has released a Python script and an iOS shortcut for less tech-savvy to send thousands of reports a day.

He said his data shows nearly 8,000 people have used the Python code and 9,000 have used the iOS shortcut. Others have been inspired by his coding against anti-abortion advocates, saying collaborators across the US are working with him on 10 "active branches" of new features in the tool.

The website appears to be doing its best to take on the influx of false reports and remains online despite other sabotage attempts including attacks by hackers.

Nancy Cárdenas Peña, a Texas director for the National Latina Institute for Reproductive Justice, said she was blocked by the website from using the form after she tweeted about it. Some web hosts allow people to block visitors to their sites by IP address.

"Gosh, I wonder if they factored in people abusing the integrity of this system," she said, jokingly adding: "Hmmm I hope ppl don't abuse this! That would be terrible."