Tuesday, September 21, 2021

The Law Of Unintended Consequences

The case will move a little faster to appeal without competent plaintiff’s counsel. However, the issues may not be very well briefed, and that could give the Court more excuses to decline a ruling on the substance of the statute. And there’s this: So maybe the DOJ suit is the one to count on. While this is actually funny: Or just people looking for money? Besides, the statute is all about “self-serving legal stunts.” What else can lawsuits be where there is no nexus between plaintiff and defendant, no harm whatsoever done, even alleged, between the parties? (Which I still think is where this statute fails, and without its bizarre enforcement provision the constitutional violation is naked and indefensible. It’s an abuse of the legal process, in other words. Which may be what Professor Vladeck is getting at, from other directions.) 

And it was setup to promote suits from people who are not “from the Pro-Life movement.” So it’s functioning as designed.

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