What Can Democrats Do to Fight Texas’s Abortion Ban? Lots.

No matter what new lawlessness Republicans commit or what their legal trailblazers in the Supreme Court are doing to support this agenda, you can count on a Democrat or a Liberal neighbor to say, “But what can the Democrats do?” that the Democrats control both houses of Congress and the entire executive branch. They walk around every day like a defeated minority unable to stop republicans who have lost from asserting themselves in our country.

There are innumerable examples of this dead-end attitude from the past six months. (See: Republican Congressmen Providing Aid and Comfort to White Native Terrorists, and Democrats Who Do Nothing. See Also: The GOP Passes Suffrage Suppression, And The Democrats Do Nothing.) But let’s pause for a moment thinking about the latest example. A Republican-backed bill went into effect in Texas this week that was overturned Roe versus Wadewhich replaces the constitutional rights of women and girls with a monetary bonus system that empowers private individuals to deny them these rights. Given the seriousness of this new reality, one might think the Democrats could build some kind of defense. But once again they claim that there is nothing they can do.

But the Democrats can do something. You can bypass the Texas anti-abortion law. To do this, however, they need to get creative to protect women’s rights. You have to be ready to question “norms”. You have to act like Republicans.

Conservatives think they were very clever with the Texas ban because the state does not enforce that ban. Instead, private individuals do the dirty work. The law gives them the power to sue abortion providers or those suspected of “assisting” abortion services for women more than six weeks pregnant, and then redeem $ 10,000. For this reason, conservatives argue that the law is not a “state” restriction on abortion and cannot be challenged as a violation of abortion roe at the federal court.

But the Democrats can be clever too. Consider the doctrine of qualified immunity. Qualified immunity protects civil servants from private claims arising from the performance of their duties. Conservatives love to defend qualified immunity when a police officer shoots a black man or a CIA agent tortures a suspected terrorist. Here’s an idea: if abortion providers were made federal officials – call them “data protection officers” – who were viewed as operating under government authority, they would be protected from the private civil suits that Texas is now clearing.

To do this, Biden would have to set up a sort of “Presidential Commission on Data Protection” by ordinance, either through the Department of Health and Human Services or the Department of Justice. This commission could then hire the aforementioned “privacy advocates” who would be empowered to go across the country advising women on their constitutional rights and providing other services that meet those rights.


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