September 7, 2021
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7:25:15Now Playing(Sept. 7) The unusual steps Texas took to protect its new abortion restrictions from being blocked right out of the gate mark a new legal front in culture wars and could serve as a roadmap for states considering similar laws.
In enacting its ban on abortion after six weeks of pregnancy, Texas left it to private parties to enforce the new law. That provision makes it difficult if not impossible to get a court to review the lawfulness of the restrictions before they’re enforced, law scholars say.
It’s a maneuver that has already piqued the interest of other states. Nebraska Gov. Pete Ricketts (R) signaled on Twitter he’s interested in passing a similar law and Florida’s Senate president said Thursday he’s open to doing something as well.
“I’m not aware of any statute on any subject that sought to combine these features and weaponize them the way the Texas statute did, and it’s unlikely to be confined to Texas or the issue of abortion,” said Jonathan Adler, a law professor at Case Western Reserve University School of Law.
If Texas succeeds, it could set off another contentious battle over social issues as Democratically controlled states take the same approach on gun ownership or union organizing, lawyers say.
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