Seriously: re- the legal issues re- the TX anti-abortion law [View all]

Last edited Sat Sep 4, 2021, 02:58 PM - Edit history (1)

I'm hoping there are people here who know more than me who can help explore the actual legal issues.

If putting enforcement in the hands of private parties works to defeat constitutionally protected rights, why couldn't all other constitutional rights be nullified by the same mechanism? Could legislatures give private parties the power to sue gun sellers? Could former Confederate States pass laws prohibiting state officials from enforcing slavery but allowing private parties to do so?

On another point, what constitutes "state action" subject to constitutional restrictions: the action of the legislature in passing such a law? The action of a court in entertaining a suit by a private party based on the law? Aren't such restrictions relatively toothless if they only applies to arrests by or fines payable to state officials?

I realize the S. Ct. disclaimed any opinion re- constitutionality, but what if the law is unconstitutional on its face?