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Discussion Texas' anti-abortion bill should be struck down, but not because of femoids' rights

PPEcel

PPEcel

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TL/DR:
State governments should not have the ability to avoid federal judicial review by delegating law enforcement to private citizens.

Ranty part:
It surprises me how little conversation there is about the legal construction of S.B. 8's enforcement mechanism (most commentators are whining about muh femoids body), even though that's the purported reasoning behind the Supreme Court's decision to not grant an emergency injunction.

Technically speaking, the federal courts don't strike laws off the books. They can and often do, however, order officials to not enforce those laws. When it comes to criminal law, the end result is usually one and the same.

Texas legislators knew that if they crafted a law that would allow doctors to be criminally charged for performing abortions after six weeks, that the federal judiciary would immediately enjoin their officials from ever enforcing it. So they did the exact opposite; S.B. 8 explicitly bans state government officials from enforcing its provisions. Instead, they created a "bounty hunting" scheme that would allow any private citizen to initiate civil proceedings in Texas state courts and win back legal costs plus at least $10k from anyone who "aids or abets" an abortion. If they managed to lose, these bounty hunters would be immune to paying the defendant's legal costs.

Naturally, Texas state officials were sued immediately. But this time, they argued that the plaintiffs lacked Article III standing to bring the suit. Generally speaking, the federal courts have historically interpreted the Case or Controversy Clause, found in Article III, Section 2 of the Constitution, to show that for a plaintiff to establish standing in a federal civil lawsuit, they must demonstrate that they have suffered a specific (i.e. not generalized) harm or injury that is "fairly traceable" to the defendants' action. Because they weren't the ones enforcing the law, Texas officials basically argued in part, any harm or injury is not "fairly traceable" to them, and so the case should be thrown out.

This is a pretty questionable if not dangerous argument. Imagine applying this logic towards offensive speech, pornography, or gun ownership.
  • Illinois signs into law a bill that outright bans firearm ownership by allowing any private citizen to sue firearms dealers in state courts to the tune of $10k per gun sold. When the state gets sued for violating the Second Amendment, they say, "we aren't the ones enforcing it, so this challenge should be dismissed".
  • California signs into law a bill that outright bans "hate speech" by allowing any private citizen to sue a speaker in state courts to the tune of $10k per "offensive remark". When the state gets sued for violating the First Amendment, they say, "we aren't the ones enforcing it, so this challenge should be dismissed".
It's obvious that states shouldn't be allowed to avoid constitutional scrutiny like this (even if laws like these are eventually struck down when the civil cases they engender face appellate review). If states want to proscribe a certain course of action, they should take responsibility for the laws they pass by enforcing and defending them in court.

Which is what Mississippi did. Dobbs v. Jackson Women's Health Organization is scheduled to be heard later this year and could in fact formally overturn Roe.
 
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T

thevenon

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You are right, it is crazy. I think just that this legal opinion is out scope of this forum.
 
PPEcel

PPEcel

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thevenon said:
You are right, it is crazy. I think just that this legal opinion is out scope of this forum.
I mean there are a half-dozen other threads about abortion as of the last two days.

I would also argue that legal developments indirectly influence incels and inceldom, given our opponents' maniacal desires to censor us.
 
Transcended Trucel

Transcended Trucel

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CUCK
and no one cares about that gay legal precedent faggot hogwash
 
PPEcel

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Transcended Trucel said:
CUCK
and no one cares about that gay legal precedent faggot hogwash
:feelstastyman::feelstastyman::feelstastyman:
 
Transcended Trucel

Transcended Trucel

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As for this type of technique being abused in the future, that is perfectly fine by me.
PPEcel said:
as long the overall of suffering of women increases, almost all sacrifices are worth jt
 
T

thevenon

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Transcended Trucel said:
As for this type of technique being abused in the future, that is perfectly fine by me.

as long the overall of suffering of women increases, almost all sacrifices are worth jt
yes
we are at the bottom, we cannot loose anything as we have nothing now
 
Emba

Emba

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Thank you for your concern...

Don't you have a who're waiting to lick your asshole? Does she get paid by the hour?
 
IncelGolem

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So basically protect foids because they might use this "bounty-hunter" legal maneuver to come after incels in the future. Counterpoints:

1) As a truecel I'm fine with a kamikaze strategy

2) Nobody is going to go against speech. Abortion is a physical act, a murder in fact. At most they could do this to incel activities like chadfishing but few of us actually do that (speaking of which - whatever happened to Catfishman?)

Off-topic: Why is a resident of turd island so obsessed with U.S. legal system/court cases?
 
PPEcel

PPEcel

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IncelGolem said:
So basically protect foids because they might use this "bounty-hunter" legal maneuver to come after incels in the future. Counterpoints:

1) As a truecel I'm fine with a kamikaze strategy

2) Nobody is going to go against speech. Abortion is a physical act, a murder in fact. At most they could do this to incel activities like chadfishing but few of us actually do that (speaking of which - whatever happened to Catfishman?)

Off-topic: Why is a resident of turd island so obsessed with U.S. legal system/court cases?

1) such a strategy isn't necessary, abortion is a far less significant issue for an actual truecel than gun ownership, freedom of expression, criminal procedure, et cetera. a stacy killing a chad's offspring will not substantially affect an incel's life.

2) i don't think abortion is murder, in fact, i think fathers should be able to compel a foid to get an abortion or at least sign away his parental responsibilities if the mother insists on keeping the fetus, but w/e. you are making the point that abortion shouldn't be constitutionally protected, but that is not germane to the point i'm making, which is that fed lawsuits challenging a statute's constitutionality shouldn't be dismissed for lack of article III standing because a state delegates its enforcement mechanism

off-topic i used to live in burgerland, i did so for a while

legal documents are genuinely fun to read, ive had a PACER account since i was 16. idk why people think law is boring. i also like reading legal documents involving criminal cases in the UK (especially in cases where foids die, like sarah everard) but the audience for UK-related posts is smaller.

plus most low smv males who go ER, unsurprisingly, are burgers so i might as well as acquainted with burgerland law so i can understand their cases
 
IncelGolem

IncelGolem

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1. I think that's just an opinion. I think to a lot of incels, including me, anti-abortion laws are the one foid punishment that is actually attainable in 2021 despite feminism.
2.View: https://i.imgur.com/yUAIfSN.mp4



Seriously though it's cool that you're interested in something that could be productive/valuable. Maybe you should go to law school and capitalize on this asperger's-like interest.
 
keksofthebest

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Oh no hahahahaha foids will have to hahahahahaah get this take responsibility for themselves now hahahahahaha If foids didn't have to spread their legs for every chad then we wouldn't be having this discussion :lul:
 
0Energy0Happyness

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fuck democracy
 
PPEcel

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keksofthebest said:
Oh no hahahahaha foids will have to hahahahahaah get this take responsibility for themselves now hahahahahaha If foids didn't have to spread their legs for every chad then we wouldn't be having this discussion :lul:
No they won't. They'll just fly to another state to get their abortion.
 
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RedDragon900

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rebel in texas
 
BPJ

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murdering babies for selfish reasons is wrong
 
BlkPillPres

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I'm still amazed that people haven't rebelled against the entire FIAT currency system, if people won't rebel against that why would they rebel against this?

Imagine a world where select groups can print unlimited amounts of nothing and then leverage other people into to doing something to get it

How the fuck is that legal?
 
SlayerSlayer

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I JUST WANT THE BREEDING TO STOP
BPJ said:
murdering babies for selfish reasons is wrong
if you are gonna get aborted you never deserved to live, why should they be born to be miserable and hated like us???
 
PPEcel

PPEcel

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BlkPillPres said:
Imagine a world where select groups can print unlimited amounts of nothing and then leverage other people into to doing something to get it

That's what human interaction is, no? Leveraging other people into doing A so you can obtain B
 
BlkPillPres

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PPEcel said:
That's what human interaction is, no? Leveraging other people into doing A so you can obtain B
No, money is something abstract, that's exactly what makes it a rigged game

When we bartered is was a fair exchange, because these were physical and literal things of known worth

The entire monetary system on the other hand is a fake game of moving around numbers, and once again you are missing the key part, these groups can print an unlimited amount of it

Imagine if I could reach into my mind and pull out bars of gold as I imagine them, that's exactly what these groups are essentially doing. They are taking an imaginary abstract construct, giving it a physical form, deciding its numerical value, and then making other people work to get it

There are people who literally make money to print money, in other words they don't contribute anything to the market, they just have a title and ownership, and that's something anyone can do, they just exist

Life is already something that is inherently unfair, but the modern day capitalist system takes it to even higher impossible heights

Half of the worlds net wealth belongs to 1% of the entire population, there will be a collapse at some point when the wealthy get greedy and start trying to "over optimize" (replace workers with AI and robotics)

Watch and see, it will happen, then mass riots will take place, crime will skyrocket and the economy will collapse, this system will only continue as it is so long as the wealthy restrain themselves and don't start optimizing to heavily, but we know full well they're going to do just that, they can't resist :feelskek: (of course this is many decades from now)
 
PPEcel

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