When I spoke with Texas state senator Bryan Hughes last month about his role as sponsor of his state’s strict new abortion law, he called it “a very elegant use of the judicial system.”
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Hughes wrote that he is “confident that the Fifth Circuit will stay and reverse the ruling.” He also said that the law, which bans almost all abortions after about six weeks, remains in effect. Even now, anyone who performs or assists in an abortion after fetal cardiac activity is detected could be sued in federal court based on diversity of citizenship jurisdiction, he said.
From a lawyerly point of view, Hughes' 'elegant' description last month struck me as apt. By handing over enforcement of the law to private citizens, opponents were left struggling to find the standing necessary to mount a challenge.
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