The controversial Texas abortion law, SB8, doesn’t actually ban abortion. It does mean people can make money by filing lawsuits against abortion providers, though.
For a lot of people on the right, this was a winning proposition. It was a way to get around the courts that have argued abortion is constitutional.
However, as a column at the LA Times points out, it can be used against the right as well. It’s titled, “Column: Love Texas’ SB 8 because you hate abortion? Wait until a copycat law comes for your gun rights.”
For months now, the federal courts have aided and abetted an outrageous attack on the rule of law.
With judges’ willing participation, abortion opponents have succeeded in the most brazen deprivation of constitutional rights since Jim Crow. They’ve accomplished this reprehensible feat with an unprecedented and tortuous abortion-ban enforcement scheme that is itself a separate offense against the Constitution.
At the next opportunity, the Supreme Court should invalidate this scheme, which is tantamount to open season on constitutional protections in blue and red states alike.
Now, beyond the title, gun rights aren’t actually mentioned. However, we already know that California is considering its own scheme to go after gun makers and sellers in a similar manner.
However, it should also be remembered that there are differences between the abortion industry and the firearm industry. For one thing, abortion doesn’t actually show up in the Constitution. Roe vs. Wade was decided based on interpretation of what the constitution covers, but it’s never explicitly protected.
Guns, well, they are.
Further, the anti-gun left kind of blew their chances on this one ages ago. They tried to bankrupt the firearm industry long before the Texas abortion law was ever a thing through their own laws. We got the Protection of Lawful Commerce of Arms Act as a result.
That also means the PLCAA should, in theory, prevent such lawsuits from going forward. State law cannot trump federal law.
So, that means there will be difficulties in implementing such a measure focused on the firearm industry.
Yet that doesn’t mean they won’t try. Look at the Remington lawsuit that was recently settled with the families of Sandy Hook victims. Remington did nothing wrong and I really believe a court would have found that to be the case. Yet that settlement has emboldened the anti-Second Amendment crowd, much as how passing a gun-focused version of the Texas abortion law.
They will pass such a law and it will be used. In fact, I expect the first lawsuits to be filled immediately after the law goes into effect.
It’ll be up to the courts to put the hammer down on this nonsense.
However, there’s a lesson here for everyone to consider. What you do can and will be done unto you when it comes to laws. Do you think you found a novel way around the Constitution? Congratulations, but should you follow through with that? Picture what you’d do if the other side came up with such a thing.
People need to start thinking more long-term on some of this stuff, because our gun rights will be impacted by this.