There have been plenty of hot takes regarding the Texas abortion law, because the insane left loves killing the unborn, which they can’t truly explain. They just know that abortion is a good thing. Here’s a scorching one by David Mastio (you can read it at Yahoo if USA Today blocks you with the paywall)
The Texas abortion law provides a blueprint for bans on speech, guns
Roe v. Wade is an awful Supreme Court ruling. Roe and the string of rulings that have followed upholding the original don’t even attempt to be serious constitutional law or have a consistent justification for defending abortion rights.
Except, it is not law. It’s a bad court ruling, possibly one of the worst of all time.
Last week, the Supreme Court essentially ruled that abortion advocates can’t stop every Texan from filing a lawsuit before they act, nor can it block Texas judges from hearing those suits.
The problem is that there is nothing about this scheme that limits its application to abortion. As Chief Justice John Roberts wrote in his dissent to the court’s conservative 5-4 majority, it could be a “model for action in other areas.â€
What does Roberts mean? Well, imagine the Democratic supermajority in the California Legislature wanted to throw out the First Amendment to make sure that Gov. Gavin Newsom survived his recall election. They would just have to pass a law that outlaws criticism of the governor, authorizing any Californian to file a $100,000 lawsuit against anyone who speaks the forbidden words.
If California state courts were to follow the Supreme Court’s example, would that let California “avoid responsibility for its laws,†as Roberts writes, shredding free speech?
Or consider New York, where the legislature favors restrictions on the Second Amendment. Could it outlaw firearms by deputizing any New Yorker to file million dollar lawsuits against gun owners in the state?
Would that allow New York to “avoid responsibility” for ignoring the right of the people to bear arms despite clear Supreme Court precedent?
Um, no. Because both Free Speech and gun rights are not court rulings, they aren’t laws, nor rules and regulations. They are actually enshrined in the Federal Constitution. It doesn’t matter what states might want to do, if they want to try this game. Abortion appears nowhere in the federal constitution. Nor does it appear in state constitutions. But, Freedom Of Speech does in all 50, with serious protection, and most of those state constitutions protects most gun rights.
Last week, the court opened the door to more constitutional mischief with its lack of action than any decision in generations. Most likely, conservative state legislators around the country will be taking notes on how they can advance their anti-abortion cause. But if Texas and others succeed, expect more legislatures to use the same trick to advance pet causes that happen to be clearly unconstitutional.
Eventually, the court will rule on the merits, and chances are good that any of these ideas would be struck down, but until then all our rights are on the line.
Well, Mastio is correct on the last. The question is, will Progressive states actually try to pull some shenanigans with Freedom of Speech? They might try with firearms, but, I’m doubting they could be that stupid to attempt something with Speech, religion, protest, petitioning for redress of grievance. Could they?
Read: Hot Take: Texas Abortion Law Sets The Blueprint For Stopping Free Speech And Gun Ownership »