Document Type
Article
Publication Title
Minnesota Law Review Headnotes
Publication Date
2021
Abstract
This Article uses Texas’s abortion ban to demonstrate why civil disobedience is the best strategy against such private-enforcement schemes. It proceeds in three parts. Part I demonstrates that Texas’s private enforcement scheme in fact directly implicates state court officials and potentially state police forces. It then explains why bringing about the involvement of state courts and police through civil disobedience will put SB8 on constitutionally weaker ground. Part II details potential arguments against civil disobedience as a means of challenging private enforcement schemes. This Part also explains why relying on the federal government to challenge such laws will be insufficient. Part III then provides a timely snapshot of how pro-choice activists have responded to SB8, in Texas and beyond.
Recommended Citation
Alexi Pfeffer-Gillett, Civil Disobedience in the Face of Texas's Abortion Ban, 106 Minn. L. Rev. Headnotes 203 (2021).
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