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.

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