Posts Tagged ‘Texas Abortion Law’

Vigilante Justice – it’s not your grand dad’s variety anymore

September 2, 2021

            The news today was of the SCOTUS 5-4 decision to let stand, for the time being, a new Texas law outlawing abortion after 6 weeks of pregnancy. What makes the law unique and different from other state early pregnancy termination legislation is that it also outlaws state enforcement of the law’s mandate by government entities. It does, however, make provisions for a kind of citizen arrest, allowing for civil suits to be executed on anyone violating the law through being involved with the facilitation of an abortion after 6 weeks. This citizen enforcement, through civil suits, is a kind of vigilante justice in that the prosecution, as well as the police power, is left up to individual citizens. In the case of the Texas law, these vigilantes would be the collective of citizens found in the various right to life organizations. And Governor Abbot’s vigilante posse is saddled up and ready to ride. The AP’s Stephen Groves headlined “GOP-led states see Texas law as model to restrict abortions” (9-2-21) signaling that other states with GOP legislatures and governors are ready to follow suit (especially given the SCOTUS imprimatur). Based on its track record with ALEC and other “model” legislation, Ohio will no doubt join the other ditto heads. Today news pundits and analysts have parsed the SCOTUS decision with an eye on Roe v Wade. Analysis shows there is more at stake than that since at its core the law is about outlawing something locally which is currently legal federally by means of locally legitimated vigilante justice. It is the obverse of present day marijuana legislation locally made legal while federally being illegal. What if the federal law allowed for marijuana (or alcohol) possession/consumption and the local (state) law was modelled after the Texas anti abortion legislation that just went into effect? No government enforcement allowed but individual citizens could sue anyone aiding, abetting, or providing marijuana (sold or shared) with a minimum award guaranteed (essentially a bounty for enforcing the law). Hitting closer to home, or rather the homeless, we have Newark Ohio’s Mayor Jeff Hall who is all for homeless shelters, as long as they are not in the city of Newark. What if the GOP dominated city council would oblige the Mayor a’ la the Texas model? SCOTUS has ruled repeatedly that being homeless is not illegal. The Newark city council, with the mayor’s approval, could now enact a legitimate end run, forbidding government enforcement but allowing any citizen or posse to sue anyone who provides comfort, aids or recognizes the homeless within the city of Newark. This legal methodology could also be used to reintroduce legitimate redlining and racial segregation. The possibilities are endless. Vigilante justice – it’s not your grand dad’s variety anymore.