To say the state of Texas has been blasted repeatedly over its controversial abortion law would be putting it mildly. We don’t spend a lot of time talking about it, of course, because it’s not a Second Amendment issue. We don’t cover abortion here, just gun rights.
However, it seems some believe the overlap between this law and Second Amendment issues is more significant than some might believe.
The legal conflict over abortion often divides Americans along predictable political lines. The fight over Texas’ new anti-abortion law, however, has now united gun rights activists and abortion rights activists on the same side.
The Firearms Policy Coalition, a national gun rights outfit, filed a friend of the court brief at the U.S. Supreme Court yesterday in support of Whole Woman’s Health, the abortion rights group that is leading the legal fight against Senate Bill 8, the sweeping Texas anti-abortion law that recently went into effect.
“The approach used by Texas to avoid pre-enforcement review of its restriction on abortion and its delegation of enforcement to private litigants,” the gun rights group told the Supreme Court, “could just as easily be used by other States to restrict First and Second Amendment rights or, indeed, virtually any settled or debated constitutional right.” The Firearms Policy Coalition “takes no position on whether abortion should be protected by the Constitution,” the brief stated, “but believes that the judicial review of restrictions on established constitutional rights, especially those protected under this Court’s cases, cannot be circumvented in the manner used by Texas.”
It’s important to note that The Firearms Policy Coalition isn’t saying whether or not abortion should be thought of as a constitutional right. What they’re saying is that the court has ruled it as such and that a measure like the Texas law could be turned against other rights.
And it doesn’t take a rocket scientist to see how this could be weaponized against the Second Amendment.
I mean, does anyone think that California or New Jersey has absolutely no one looking at how they can use this for other things?
The Texas law basically creates a shield where the state can say that they’re not attacking abortion at all. Instead, they’re simply outsourcing it to others. Imagine individuals suddenly able to start filing lawsuits against those who have their guns stolen as just an example?
Whether you think abortion is a constitutionally protected right or the most wretched thing in existence, you should probably stand unified in concern over just what kind of a precedent this law may have set.
Yeah, there are some stupid arguments out there about the anti-abortion law. I’ve seen plenty of them. However, my concern is more about the right to keep and bear arms. In that regard, I can definitely see this becoming a different camel’s nose under the edge of the tent. If we’re not careful, we’ll have this particular camel coming into the tend as well.
Frankly, that’s more of a mess than we can handle right now.