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Under the law, anyone can sue anyone who performs, aids or intends to aid in an abortion — regardless of whether they have a personal stake in the abortion performed. What happened to the legal concept of Standing? With HIPAA how would anyone prove that an abortion even happened? I have attempted to read the law and I can't understand how this is ever going to work | ||
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| The success of a solution usually depends upon your point of view |
I think that part of the point of this law is to be challenged in court so it can end up at the supreme court. There is a belief that the Supreme Court is now poised to overturn Roe v Wade due to theb current make up or the court. I would be interested in hearing the opinions of some of our residents lawyers, especially those who specialize in areas that deal with this issue. “We truly live in a wondrous age of stupid.” - 83v45magna "I think it's important that people understand free speech doesn't mean free from consequences societally or politically or culturally." -Pranjit Kalita, founder and CIO of Birkoa Capital Management | |||
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Wait, what? |
I believe the SC is compromised and will hand the decision back down to individual states to decide for themselves. “Remember to get vaccinated or a vaccinated person might get sick from a virus they got vaccinated against because you’re not vaccinated.” - author unknown | |||
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I Deal In Lead |
The way it looks to me is that anyone can sue, but proving it will be virtually impossible with HIPAA in place.
https://www.nbcnews.com/politi...ealing-blow-n1278337 Supreme Court declines to block Texas' restrictive abortion law, dealing a blow to Roe v. Wade The law allows private citizens to enforce the ban through lawsuits against abortion providers or others who help women get the procedure. A divided Supreme Court late Wednesday declined to block a restrictive Texas law banning abortions after a fetal cardiac activity can be detected, or as early as six weeks into pregnancy, and allowing anyone in the country to sue abortion providers or others who help women get the procedure after that time frame. The vote was 5-4, with Chief Justice John Roberts dissenting with the three liberal justices, Elena Kagan, Stephen Breyer and Sonia Sotomayor. Each wrote a separate opinion opposing the majority decision. The lack of action by the nation’s high court deals a blow to Roe v. Wade, the landmark 1973 Supreme Court ruling that legalized abortion nationally, essentially legalizing the law’s language to incentivize private litigation to cripple abortion care and support services. | |||
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Oriental Redneck |
IANAL, so I won't even say anything about the other parts but will say something about this HIPAA thing with a scenario. A knows B to be 7 weeks pregnant. B decided to have an abortion, and A found out Dr. C did the procedure (which is documented in B's medical records) and sued Dr. C. The suit moves forward, and Dr. C is subpoenaed to produce medical records. He cannot refuse. Q | |||
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| Member |
I’ve never read any legal opinion from left or right that didn’t agree on one point, Roe v Wade is a deeply flawed legal ruling. It should be challenged and corrected. Whatever your viewpoint is as to what “correct” is. Flawed rulings especially from the SCOTUS level are problematic on ever legal level. Lower courts use the precedents and apply them to other rulings. Applying flawed rulings to other cases just makes everything more difficult. Not a lawyer but all that is defensible. As to standing, I hadn’t heard that issue brought up but it seems you might have a point. The other posters have said this though, a large point of “designing” this law was to push the case up higher. It will probably work is my guess. I’m simple. If it’s not spelled out in Constitution then it’s a states rights issue. Every state should decide. That being said I think an actual vote by state would surprise many people. | |||
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| Min-Chin-Chu-Ru... Speed with Glare |
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| Lawyers, Guns and Money  |
Yep, federalism. Don't like Texas law? Work to change it. Or... move. It's a lot better than a one-size fits all approach. Roe v Wade is a deeply flawed legal ruling... IMO mostly because it took the issue away from the several States. It hasn't solved anything. [Ninth Amendment] The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. [Tenth Amendment] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The Supreme Court has agreed to hear Mississippi's bid to ban abortion after 15 weeks of pregnancy. Should be heard in October. "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." -- Justice Janice Rogers Brown "The United States government is the largest criminal enterprise on earth." -rduckwor | |||
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Be prepared for loud noise and recoil |
I'm not even close to being a lawyer, but I think because you are technically being sued by a private citizen instead of a state entity, the law is easier to uphold. “Crisis is the rallying cry of the tyrant.” – James Madison "Keep your fears to yourself, but share your courage with others." - Robert Louis Stevenson | |||
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