Some Notes On ‘Private Right Of Action’

“The Texas law, signed by Republican Gov. Greg Abbott in May, prohibits abortions once medical professionals can detect cardiac activity, usually around six weeks and before many women know they’re pregnant. Rather than having the state enforce the ban, the law creates a private right of action against individuals who commit or aid and abet an abortion that violates the law – but not against the woman who undergoes the procedure.”

Efforts to end the Texas abortion ban are still in motion – the central argument being that the ban disregards established legal precedent (Roe v Wade) and that it violates the constitution. Texas is enacting this prohibition while seemingly complying with federal laws as it facilitates private lawsuits (Private Right of Action) – and federal law is meant to take precedence over state law according to the equal protections described in the 14th amendment…