The Justice Department’s lawsuit last week against the state of Texas over its extreme new anti-abortion rights law isn’t just about abortion. Also at issue is the law’s bizarre enforcement mechanism, which effectively allows any private citizen to sue any abortion provider for profit. Attorney General Merrick Garland correctly noted that this citizen-empowerment mechanism, if allowed to stand, would set a dangerous precedent that could be applied to virtually any other hot-button issue.
There is a similar enforcement mechanism in Missouri’s new law seeking to nullify federal gun restrictions within the state. In addition to its blatantly unconstitutional claim to supersede federal law, it empowers a citizen to sue a local police department for $50,000 if the department enforces a federal firearm law against the citizen.
Both these laws are cynical attempts by Republican state politicians to enforce unconstitutional laws by shifting legal powers to private citizens instead of state officials. The obvious goal is incentivizing citizens (with cash) to impose right-wing ideology in ways that courts would deem unconstitutional if the state did it.
