The Texas abortion legal circus gets under way

As expected, civil lawsuits have been filed against the Texas doctor Dr. Alan Braid who publicly announced that he had violated the new state law that placed such restrictions on abortions that it effectively banned the practice entirely. The law had apparently not specified that one had to be a resident of Texas to file the case and the two lawsuits (so far) have been brought by one person in Arkansas and one person in Illinois. The latter says he is actually pro-choice and his lawsuit was being pursued with the intention of showing that the law is unconstitutional.
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Abortion bounty hunters and legal standing

In an earlier post, I wrote about how the Texas anti-abortion law, by authorizing anyone at all to bring a lawsuit against anyone who aids someone in getting an abortion, has greatly expanded the legal notion of ‘standing’, that only those who have suffered a direct injury can seek redress from the courts. This is a reasonable requirement since otherwise the courts could be clogged with people bringing lawsuits on any and all matters whether or not they are at all affected by it.

The need for standing is not explicitly mentioned in the US constitution but over the past century, the US Supreme Court has read that requirement into Article III.
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Texas doctor throws down the gauntlet to new abortion law

Texas has passed an extremely restrictive law, effectively eliminating a woman’s right to have an abortion by authorizing any person to sue and collect damages from anyone who provides any kind of assistance to women seeking abortions, and completely stacking the legal deck in favor of the people seeking the bounties.

A doctor in Texas who performs abortions and recalls what it was like in the days before 1972 when abortions were illegal in that state, has decided to challenge the law by performing an abortion and then publicly announcing it.
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Local politics is an unreliable guide

One thing I have learned is never to trust where the political sympathies of an electorate are by what I see in my extended neighborhood or what people say in the places I frequent. This is because a natural type of segregation occurs in which people, if they have that flexibility, tend to gravitate towards places where they sense people share their same values. When we moved to the Cleveland area, when we were looking for a place to live, our primary criteria was a location that was racially and economically diverse and had good schools. It was not surprising that we ended up living in a place that was solidly progressive.

Over the three decades that I lived there, while my local community stayed progressive, the state of Ohio drifted rightward, from being a toss-up state.where Democrats and Republicans both had shots at winning statewide office and electoral college votes, to one that now seems solidly Republican and Trumpian. So much so that Anthony Gonzalez, a Republican member of congress who was first elected to congress in 2018 in a district adjacent to Cleveland and was considered a rising star in the party, has announced that he will not be seeking re-election in 2022 because his vote to impeach Trump has led to threats against him and his family and he did not fancy the thought of being in Congress under a party leadership where unquestioning loyalty to Trump is demanded.
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Another massacre of civilians by US drones

The US military has admitted that the drone strike that it carried out that they initially claimed killed a major ISIS operative in fact killed ten innocent civilians including seven children.

In a briefing on Friday, the commander of US Central Command, Gen Kenneth McKenzie, said he now believes it was unlikely that those who died were Islamic State militants or posed a direct threat to US forces at Kabul’s airport.

“I am now convinced that as many as 10 civilians, including up to seven children, were tragically killed in that strike,” McKenzie, wearing military uniform, told reporters. “Moreover, we now assess that it is unlikely that the vehicle and those who died were associated with [Islamic State Khorasan] or were a direct threat to US forces.

For days after the 29 August strike by a single Hellfire missile, Pentagon officials asserted that it had been conducted correctly, even though numerous civilians had been killed, including children. Gen Mark Milley, chairman of the joint chiefs of staff, had hailed it as a “righteous strike”.

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The draconian Texas abortion law

A lot of attention has been paid recently to the abortion law passed in Texas that places such great restrictions on women’s right to choose that it effectively guts the US Supreme Court precedent Roe v. Wade. It prohibits abortions after a mere six weeks after the last menstrual period when many women do not even know they are pregnant and it authorizes ordinary citizens to take anyone who assists a woman to get an abortion (even like driving her to the clinic) to court and get a $10,000 reward for doing so.

The US Supreme Court, while not making a decision on the constitutionality of the law itself, allowed it to go into effect, seeming to buy the Texas Republicans’ argument that because the law does not allow the state to enforce the law but only private citizens, it has prima facie constitutionality. The anti-choice zealots in Texas are exchanging high-fives about their cleverness in crafting a law that they think will pass constitutional muster.
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Newsom defeats recall effort

The incumbent governor of California Gavin Newsom easily defeated the costly effort to recall him, with the Associated Press calling the race just 45 minutes after polls closed. It appears that about 65% voted against recalling him. The official vote count may not be known for another 30 days. It cost the state about $276 million to hold the recall election. That does not include the money raised and spent by the candidates. When you consider that Newsom will be up for re-election in just over a year, this recall effort seems particularly unnecessary.

Newsom painted this race as a Republican and Trumpian effort and that message seemed to work for him.

Speaking in Sacramento, Newsom said that in voting no on the Republican-led recall, Californians said “Yes to science, we said yes to vaccines.”

“I’m humbled and grateful to the millions and millions of Californians that exercise their fundamental right to vote,” Newsom said, “and express themselves so overwhelmingly by rejecting the division, by rejecting the cynicism.”

The leading Republican candidate Larry Elder has, like Trump, resorted even before election day to claiming election fraud without providing any evidence. But it appears that after the results were announced he conceded defeat.

Checks on the president’s ability to fire nuclear weapons

According to the US constitution, the president is the commander in chief of the military forces and thus has the power to order them to do anything without anybody being able to challenge that decision. That power extends to the use of nuclear weapons. A new book by two Washington Post reporters says that the chairman of the joint chiefs of staff Mark Milley, the head of the US military, was so concerned that Trump had become unhinged by his election loss and the events of January 6th that he feared he might ‘go rogue’ and do something dangerously irrational such as start a war, perhaps with nuclear weapons. Milley reportedly convened a meeting of the officers who would be involved in the process to tell them that they had to promise to make sure that any order to start a war or use nuclear weapons also involved him. Milley also called his Chinese counterpart to reassure him.
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Calling a woman a ‘young lady’ is an obvious put down

Democratic senator Joe Manchin has been using the influence he has achieved as a result of a 50-50 tie in the US senate to advance the agenda of his corporate backers by thwarting efforts to pass the infrastructure bill in its present form and demanding huge cuts. When Alexandra Ocasio-Cortez pointed out his ties to lobbyists, he responded by referring to her as ‘young lady’ and she immediately called him out on it.
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