Blogs

Texas versus Roe v Wade

by | Oct 28, 2021

power corrupts

Why are Parents Excited about the Supreme Court Hearing Arguments on S.B.8?

Listen up. This is the best thing that has happened in family law since Planned Parenthood v. Casey. The Supreme Court is about to help parents of minor children by helping women protect their privacy rights.

Parents have been in this boat that Texas just placed all women seeking abortion in. That boat is the disfavored class of person who do NOT have access to the federal courts for injunctive relief against blatantly unconstitutional laws because who do we sue? Texas S.B.8 deputizes individuals to enforce the law themselves by bringing a private suit against any person they believe to be violating the law. Parents in a similar fashion can bring private suit against the other parent and win custody of their children and a paycheck as reward for winning the contest of who is the better parent. The protections the constitutional promises are completely ignored.

The judge in family law enforces the blatantly unconstitutional family law code against us and we can’t block the law in federal court because another private party is bringing the suit and they don’t let us sue judges.

How will these cases Help Parents?

The United States Supreme Court can change all of this, and there is plenty of caselaw to support things going your way. Planned Parenthood v. Casey has been a wonderful benefit to our legal arguments as have many abortion cases because they deal directly with family issues. Federal judges care deeply about the right of women who choose to abort, because those rights translate into family rights,  and personal privacy rights. The states have not been respecting these rights though and getting back into the federal courts to be heard on these grievances has been impossible for parents lately because of the Younger abstention doctrine.

The Supreme Court will be addressing what we wrote about in Oath Breakers. If the Supreme Court declares in Women’s Health that all private parties that bring suit against a woman getting an abortion after the fetal heartbeat is detected, are state actors – parents win and we were right again! We believe that the Whole Women’s Health v. Jackson case will add another layer to protecting parent-child bonds in divorce suits – because family laws do the same thing by allowing the other parent to bring suit and the parent being sued has no way to get federal oversight for the violation of their parental rights – which are also supposed to be constitutionally protected. The state of Texas and all other states that have evaded review here will no longer be shielded by Younger.

Regardless of your stance on abortion, if you are a parent of minor children you should be one thousand percent behind privacy rights and be watching this case closely.

If you would like to read more about what a state actor is and how the success of this abortion suit could make it even easier for you to sue your ex, read more about what determines whether someone is a state actor in the book Oath Breakers.

 

Additional Resources:

Texas, DOJ and abortion providers file arguments as abortion ban fight nears Supreme Court

Supreme Court hears Oral Arguments on Texas Heartbeat Law S.B.8

How this law is similar to family law.

Marc Hearron argues:

Transformed the courts from a forum of protection of rights to a forum that nullify rights.

Components that make this law unconstitutional . . .

1. anybody can sue.

2. anywhere in Texas

3. it has no preclusive effect. Jones 2 – 4000 can sue

4. the attorneys fees are very heavy and don’t apply both ways.

5. penalty of 10,000 is heavy.

6. you are limited if you are a defendant as to which kinds of defense you can make as far as their being an undue burden — most speak generally of the law and not of the defendant.

7. damages are not tied to the harm being done

8. S.B.8 provides for a mandatory injunction to prevent further violations not to prevent further harm to the claimant. not tied to the harm.

Ron-B-Palmer-Author-Lecturer-Constitutional-Scholar

Written by RonBPalmer

Ron has a 25 year history solving complex problems in complicated environments. He has a background in economics, complex systems design, and business operations management. Ron has solved complex global problems for the world's largest companies and he brings that expertise to solving the family law crisis we now face.

More From This Category

When to Change Attorneys

When to Change Attorneys

You hire an attorney and think you are protected. You went into the hearing thinking the attorney was going to convince the judge that there was no reason you couldn't have equal time with your child, but instead the judge says that because you and the other parent...

read more

0 Comments

0 Comments

Submit a Comment

Motion Package Deal

Motion's Package

Get the package and save.

Book NOT In the Childs Best Interest grey bg

NOT In the Child's Best Interest

Beginners Guide to Family Law 300

Beginner's Guide

A simplified path to parental rights

Become a Member button

Members Join

Get special access for members only