CNN’s Chief Legal Analyst Jeffrey Toobin is once again heralding the death of Roe v. Wade claiming that the passage of a new anti-abortion law in Texas nullifies the landmark abortion case in that state with more to follow suit.
“This is a peculiar situation designed to create legal complications. It is not the state of Texas that enforces the law the way it works in most states — the way it works in most states, the way it works in every state — it’s the system of private enforcement, ‘private attorneys general’ it’s called, and what this difficulty it’s created is that it’s unclear who the abortion provider should sue,” Toobin contended Wednesday, appearing on “New Day” with co-anchors John Berman and Kaitlan Collins.
“Usually, you just sue the state government and the court issues an injunction on state government don’t enforce the law. With no single enforcer of the law, there is this procedural problem that abortion providers have that it is unclear who they’re supposed to sue,” he explained.
“That’s what’s creating this legal tangle, separate from the issue about the abortion law, but the effect is that this law is now in effect and Roe v. Wade essentially does not exist, at least in the state of Texas and probably more in states to come,” Toobin added.
(Video Credit: CNN)
Josh Blackman, who is a constitutional law professor at South Texas College of Law Houston, told The Texas Tribune: “Planned Parenthood can’t go to court and sue Attorney General [Ken] Paxton like they usually would because he has no role in enforcing the statute. They have to basically sit and wait to be sued.”
Toobin has been ridiculed previously as being a Chicken Little over proclaiming that Roe v. Wade would be overturned. In June of 2018, he tweeted it would die in 18 months because he predicted Justice Anthony Kennedy was retiring.
Anthony Kennedy is retiring. Abortion will be illegal in twenty states in 18 months. #SCOTUS
— Jeffrey Toobin (@JeffreyToobin) June 27, 2018
Then in September 2020, he said it would be overturned if Judge Amy Coney Barrett was confirmed to the Supreme Court. Neither prediction materialized.
Berman followed up on Toobin’s claim, stating, “There is so much about this that’s fascinating but this last sentence from you, Jeff, people need to understand. As of now, Roe versus Wade overturned isn’t the right word but upended, I think is.”
“Exactly right,” Toobin responded. “January 23rd, 1973, the day of Roe v. Wade, was the last time a state had laws banning abortion. Today, September 1st, 2021, is the first day since 1973 where a state has legally banned abortion. There are no more abortion clinics functioning in Texas. Zero.”
Midnight in Austin. For the first time since 1973, a state has banned abortion. The great conservative legal project has succeeded. RIP #RoeVWade
— Jeffrey Toobin (@JeffreyToobin) September 1, 2021
Toobin was asked about the political impact of the law later in the segment.
“Donald Trump ran for president saying I will appoint justices to the Supreme Court who will vote to overturn Roe v. Wade,” he recalled before positing that the Supreme Court has five justices that appear to be leaning towards considering the overturning of the landmark abortion rights decision.
“We have been accused, those of us saying that Roe is about to be overturned, as being Chicken Little the sky is falling,” Toobin remarked and then added for emphasis, “The sky is falling.”
NPR echoed Toobin’s warning that the law “effectively [ends] Roe v. Wade protections in the state.”
The new Texas law banning abortions at six weeks went into effect early Wednesday morning after the Supreme Court and a federal appeals court failed to rule on pending emergency requests brought by abortion providers. The law also allows private citizens to civically sue anyone who assists a pregnant person seeking an abortion in violation of the ban.
On Tuesday night, two hours before the ban went into effect, the Whole Woman’s Health clinic along with others reported that it was providing abortions. “Our waiting rooms are filled with patients,” the clinic tweeted and added, “anti-abortion protestors are outside, shining lights on the parking light. We are under surveillance.” In another tweet, the clinic stated, “This is what abortion care looks like. Human right warriors.”
The anti-abortion protestors are outside, shining lights on the parking light. We are under surveillance.
This is what abortion care looks like. Human right warriors.
— Whole Woman's Health (@WholeWomans) September 1, 2021
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