Texas Senate Bill 8

 

You’re a Mean One, Mr. Grinch

You're a vile one
You got termites in your smile
You have all the tender sweetness
Of a seasick crocodile
Mr. Grinch
You're a foul one
Friends you don't have none
I wouldn't touch you with a 39-and-a-half foot pole!

Either the Supreme Court is stupid, or it is mean.

The Supreme Court has allowed Texas Senate Bill 8 to continue.  Because of the drafting of the law, which makes citizens, not the state,  the enforcers of the law, the drafters of this law cleverly thought that they excluded state officials from enforcing the law, and thus the state had no standing and that there was no one to enjoin.  Unsurprisingly, California Governor Newsom has threatened that California should adopt the same approach targeting gun manufacturers.  SCOTUS did not have to allow the country to devolve into state-sponsored vigilantism on the issue of standing.

Standing was not relevant and should not have been considered by SCOTUS.  Texas Senate Bill 8 violates the rights enumerated in the Seventh Amendment to the US Constitution.

“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

The right to a trial by jury is NOT preserved. Texas Senate Bill 8 clearly sets the damages to be awarded in these civil suits, and that the finding be only that an abortion was supported by the defendant. The Senate bill prevents the jury from awarding legal costs to those who successfully defend themselves but requires that legal costs of the enforcers/plaintiffs should be paid. 

If Texas wants to criminalize  abortion, then they could at least try to criminalize abortion.  Texas did not do so because  they knew that would be unconstitutional.  Directing a jury in a civil case that an action is criminal, unconstitutionally limits the rights of the jury.  A civil case under common law requires damages to be found by a jury.  An Act by the legislature cannot limit this right, especially if no monetary, or pain and suffering, damages can be proven by the plaintiff.  A law saying that a plaintiff has suffered is an unconstitutional limitation on the right of the defendant to a trial by a jury. The legislature saying that a plaintiff has suffered is its opinion, not a finding by the jury.

What is next? A law saying that wearing yellow is a crime and a plaintiff can be sued for $10,000 if I support someone who wears yellow.  If that is absurd, then Texas Senate Bill 8 is also absurd.