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Legal turnabout on taking away rights?
by
Chico David RN
Community
(This content is not subject to review by Daily Kos staff prior to publication.)
Saturday, Dec. 11, 2021
Saturday, Dec. 11, 2021
at
1:54:42pm PST
So here is an interesting idea: At present, though quite likely not much longer, the right to an abortion is a recognized constitutional right. Texas did an end-run around that by empowering individual private citizens to enforce it through suits rather than having state officials enforce the law. That has insulated the law from court challenges and effectively nullified that right.
Serious concerns have been expressed that the court has effectively drawn a roadmap for states to use that same mechanism to abrogate other established rights. Same sex marriage? Who knows?
It's only in fairly recent years that the right to private ownership of guns has been recognized by the courts as a constitutional right. What if, say, California or New York, or even a single city or county, were to put in place a ban on the sale of guns — or certain classes of guns - and similarly empower private citizens to enforce it through suits, rather than the state? It would, at the very least make it harder for the Supremes to allow that mechanism regarding one right and disallow it for another. I suspect that their capacity for hypocrisy is up to the challenge, but it would surely make them squirm a bit. Hmmm.