Dershowitz predicts SCOTUS will strike down ‘unconstitutional’ TX abortion law; Elmore argues ‘states rights’

Harvard law professor emeritus Alan Dershowitz appeared on Newsmax TV to say the restricted abortion law in Texas that has the left in an uproar will eventually be struck down by the Supreme Court — in a 5-4 ruling this week, the court allowed the law that bans most abortions after just six weeks of pregnancy to remain in place.

At least, for now. Newsmax TV host Bob Sellers pointed out that the Supreme Court did not rule on the constitutionality of the law that allows private citizens to enforce it by “suing individuals who are contributing, aiding and abetting in an abortion.”

“Well, I think it’s so unconstitutional, I don’t even know where to begin,” Dershowitz said. “The idea of giving individuals the right to enforce the law – what if Texas next passed a law saying that anybody had the right to prevent gay marriage? If any gay people get married you can sue them, and anybody who facilitated the gay marriage and collect $10,000? Or any black person who wants to vote, a white person can sue them?”

“Even conservative justice, certainly [John] Roberts and certainly, I think, [Brett] Kavanaugh will say that the mechanism that Texas has selected, forgetting about abortion, the mechanism that Texas has selected, allowing individual buttinskies, individual busybodies to say we don’t like what’s going in an abortion clinic,” he added.

Should a plaintiff prevail in a lawsuit, they would be entitled to receive $10,000 from each defendant.

(Video: Newsmax)

“So I think that the Supreme Court will strike down that mechanism as in violation of the constitutional obligation of government to enforce the law and not to turn it over to surrogate busybodies,” the professor said.

Panelist Erin Elmore, a political strategist and former Trump surrogate, deferred to Dershowitz on the legal aspect of the law, before calling out the left for the hypocrisy of their “my body, my choice” argument.

“What about our servicemen and women who are being forced to get a vaccine or be dishonorably discharged? What happened to their body, their choice? What about our frontline health care workers who are being forced to be vaccinated or get fired?” she asked.

Sellers asked Elmore if she sees the Texas law as a sign the “tide is turning” on getting Roe v. Wade overturned.

Stressing that this is a “states rights issue,” Elmore replied, “The issue is that the Supreme Court of the United States is not the legislative branch, they are the judicial branch, they interpret the law. So whether that’s going to be unconstitutional has to be ascertained by the court at a later date. As of right now, it’s still standing law and every state will, in fact, be different. Every law will be interpreted differently, state by state, and unless our legislators in Washington want to make substantial changes to abortion laws, they’re stuck with this.”

She also stressed that abortion “wasn’t in the Constitution.”

Dershowitz countered Elmore’s vaccine comparison by pointing out that pregnancy “isn’t contagious.”

“There’s an enormous difference between masking regulations and between abortion regulations. Abortion regulations only involve the woman, the doctor, the family, the rabbi. And, if you believe that there’s a fetus that’s alive, that,” he added.

“So I do predict the Supreme Court will strike down the Texas law,” he said. “They may not do it right away. They may wait until the next case, which is argued in the fall, but the Texas law will not survive.”

The law professor said Texas is “trying to overturn” Roe v. Wade, an established ruling.

He also said conservatives should be supportive of standing by previous decisions from the court.

“Don’t radically change the law just because you have a temporary majority in the Supreme Court,” Dershowitz concluded.

Tom Tillison

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