this post was submitted on 29 Sep 2023
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The legal basis for the State of Texas’s lawsuit is that it was filed by hard-right Republicans and they’re hoping to get a hard-right Republican judge who agrees with their Handmaid’s Tale worldview.
This basically.
The state legislature passes a illegal, unconstitutional law. Or they just start enforcing a previous law in a new novel way. It takes months to years to decades for that to work through the courts for the court to say no that's illegal you can't do that. And then they do it again. Being told no is not the problem, it's the years of enforcement before they can be told no.
They are winning, constructively, cuz the day-to-day lives of people in the affected areas is impacted.
They’re winning for now.
Push a people too far though, and you’re going to get a reaction. If you remove all legal recourse, people will seek illegal recourse, as the fourth “box of liberty” fairly directly implies that it’s perfectly defensible to shoot bitch-ass motherfuckers who are ignoring and/or intentionally undermining the (small-d) democratic process.