Good work.

It's been a long time since law school, but when I was there, there was a case called Shelley v. Kraemer, which held that judicial enforcement of private restrictive covenants was state action for purposes of the Fourteenth Amendment. I don't see any problem getting past the "private action" ruse where a lawsuit is involved. (Justice Roberts seemed to hint at this notion in his dissent.)

Also, the Texas law tries to recast what the legislature would like to make a crime as a tort, thereby evading a whole slew of Constitutional protections. That won't work. Speeding on your street is a crime, and the defendant is entitled to a lawyer, a trial by jury, proof beyond a reasonable doubt, a privilege against self-incrimination, and protection from double jeopardy, just to pull a few things out of my legal attic.

Either Roe will fall to a direct assault, or these end runs will fail.

--

--

--

Self-description is not privileged.

Love podcasts or audiobooks? Learn on the go with our new app.

Get the Medium app

A button that says 'Download on the App Store', and if clicked it will lead you to the iOS App store
A button that says 'Get it on, Google Play', and if clicked it will lead you to the Google Play store
Remarkl

Remarkl

Self-description is not privileged.

More from Medium

The Hike to Freedom—Venezuelan Migration

THE FIRST LIVE RECORDING OF AN AFRO-MODERNIST “COTTON DANCE” (ca. 1940) BY FLORENCE B. PRICE

“I’m Supposed to Feel Disappointed, but I’m So Proud Of Them”

Being Formal All The Time Isn’t Professional