The 5th circuit federal appeals court last week allowed Texas to resume its ban on abortions, after Senate Bill 8 had been struck down.
The state attorney general argued that, since Texas does not enforce its anti-abortion law, it cannot “be held responsible for the filings of private citizens.”
The court bought the argument.
The logic of the decision is as follows:
- Senate Bill 8 endorses vigilantism.
- Vigilantism is outside the law.
- Therefore, Senate Bill 8 is constitutional.
How twisted is this? This form of argument could also prove the following:
- An EU law protects leprechauns.
- Leprechauns aren't members of the EU.
- Therefore, the EU law is constitutional.
