Garland’s First Challenge Of Defeating Texas Abortion Ban: Getting The Law Into Court

Barbara McQuade, former U.S. attorney, talks with Rachel Maddow about how one of the insidious aspects of the Texas abortion law is that it is technically difficult to sue over, unless you're the Department of Justice, as Attorney General Merrick Garland demonstrated today. 
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45 comments

    1. F… that ain’t nobody can tell another what to do with their own dam body .the ones that cry about this s… the most couldn’t begin to give a dam about “life” or another’s child .

    2. @Be Well Well, that right there is the problem. There’s been no compelling argument to imbue fetuses with civil rights. So what’s the basis for your claim?

  1. People need to deal with reality, the 10th Amendment refers to POWERS not rights, the word doesn’t even exist in it.
    The United States Constitution
    Article VI, Clause 2 grants total authority over State Laws and State Constitutions to the Federal Government.

    A classic example?
    States had the authority to impose a State income tax, the Federal Government didn’t until the 16th Amendment was ratified and the Constitution amended February 3rd, 1913.

    1. Yet you forget the 9th amendment:
      The explicit enumerations of right and freedoms in the text of the constitution are *not* to disparage others retained by the people.
      The people have rights that are not explicitly defined or expressed in the law. Such is the case with right to privacy and bodily autonomy. The fourteenth amendment expands this to include all people in every state under the Equal Protection clause.

    2. As with Brown v. Board, Interstate Commerce Clause, et al adjudicated Supreme Court decisions become Federal (Constitutional) Law (aka “law of the land”) “…those not enumerated…” precludes and proscribes State contravention (infringement?) of Federal Law (to wit: Robert Kennedy DOJ vs. Gov. George Wallace, President A. Lincoln vs. “Confederate States”… etc. ad nauseam.) Roe v. Wade *IS* said existing Federal Law, qualified as above, enforceable under Federal DOJ jurisdiction. (the “Separate but Equal” segregation stunt failed miserably, under the aforementioned premise).

    3. Been that way since Lee handed his sword to Grant on a fine spring day at Appomattox. At that moment, the concept of state’s rights died immediately.

    1. I thought your current regime loved the Taliban? The Press secretary called them “business like and professional” at yesterday’s White House Press conference! 🤣

  2. Movie with the doj try to get involved in the Arizona audits and they actually did fail yeah I’m sure everyone has liked selective memory on here but I thought this job or anyone else job to get involved and state laws

  3. Question. If some states have legal Marijuana laws and some states don’t, but it’s illegal on the federal level. Wouldn’t that be the same? Asking for a friend.

    1. No one has an answer to this question? Why? Will it destroy the DOJ going after Texas. States are sovereign in their laws the federal government is in charge of taking care of our borders.

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