HemiHauler
Well-Known Member
Kavanaugh Highlights Texas Abortion Law's Threat to 'Second Amendment Rights, Free Exercise of Religion Rights, Free Speech Rights'
Texas law S.B. 8 bans pre-viability abortions, which is something that Texas lawmakers are specifically prohibited from doing under existing U.S. Supreme
reason.com
The Article said:What if a state passed a law that says "everyone who sells an AR-15 is liable for a million dollars to any citizen," Kavanaugh asked the Texas official. "Would that kind of law be exempt from pre-enforcement review in federal court?"
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So "Second Amendment rights, free exercise of religion rights, free speech rights," Kavanaugh emphasized, could all "be targeted by other states" using the Texas abortion law as a model. "And you also said that the amount of the penalty doesn't matter, a million dollars per sale," Kavanaugh added. "A state passes a law [that says] anyone who declines to provide a good or service for use in a same-sex marriage, a million dollars if sued by anyone in the state, that's exempt from pre-enforcement review?"
"Is that a yes?" Kavanaugh pressed the Texas official.
"Yes, your honor," Stone replied.
Imagine that: the justice everyone reckoned would go full scorched earth and remove all of our rights, etc., etc. is actually a PRAGMATIST.
If you read the full piece, you'll note the presumed "left wing" of the court is also suspicious of the construction of Texas SB 8. I won't quote it here, as I don't want to quote too much of a piece, but if you click on over to the piece it's all there.
Finally, while I am pasting in a news article, I hope some will take the time to listen to the audio: https://www.supremecourt.gov/oral_arguments/audio/2021/21-588
In it, you'll hear Texas Solicitor General Judd Stone respond to the theoretical AR-15 question. He said something to the effect, that Congress could pass a law to protect gun rights in the face of this law.(!!!) It took one of the leftist female judges to remind Mr. Stone that the point of a right is that it doesn't require legislative action to protect!
You should listen to it. I'll amend this post with the timestamp on that if I can skim through and find it again.