TWO WRONGS DON’T MAKE THIS RIGHT

The sense that our democracy is fraying away has never seemed as pronounced as in the past year. Donald Trump’s unending and false claims to have won the 2020 presidential election led directly to the Jan. 6 riots at the Capitol in which his supporters tried to prevent Congress from certifying Joe Biden’s victory. These false claims have now led Republicans to openly say they will overturn voting results they don’t like. So much for the Constitution.

This contempt for American norms is now on display in the nation’s two largest states and become a bipartisan problem, not just a GOP one.

In Texas, Republicans enacted a law that that took effect Sept. 1 that forbids abortions if a fetal heartbeat can be detected, which normally happens six weeks into a pregnancy. But the law also included a novel provision that allows members of the public to sue anyone — not just abortion clinics — they believe are “aiding and abetting” abortions after that six-week mark and get a $10,000 award and legal costs from the defendant if the suit is successful. If lawsuits fail, those targeted won’t have their legal fees paid for by plaintiffs. By removing enforcement from state jurisdiction, some legal experts say, it becomes harder for courts to overturn or suspend the law on constitutional grounds.

Chief Justice John Roberts does not agree. Earlier this month, he and the Supreme Court’s three liberals warned that the Texas law was intended “to nullify this court’s rulings” and would trigger judicial anarchy as other states passed similar bountyhunting laws meant to impede federal laws and court decisions they didn’t like. But on Dec. 10, five conservatives on the high court once again allowed the Texas law to remain in place pending its review by an appeals court.

The following day, California Gov. Gavin Newsom responded: “If states can now shield their laws from review by the federal courts that compare assault weapons to Swiss Army knives, then California will use that authority to protect people’s lives, where Texas used it to put women in harm’s way,” he wrote. The case he referred to involved San Diego federal Judge Roger Benitez and his June ruling throwing out the state’s ban on assault-style guns.

Newsom called for the crafting of a law that would allow private individuals to sue to prevent the manufacture, sale or distribution of assault weapons or ghost gun kits or parts. If their suits were successful, they could receive damages of at least $10,000 per violation, as well as legal fees and court costs.

Given the depth of anger over Texas’ de facto ban on abortions, the Supreme Court majority’s willingness to let it stand and Benitez’s ruling, there will be many who support Newsom’s proposal. They shouldn’t. It would hasten the arrival of the anarchy the chief justice warned about and would mark California as disdainful of democracy as Texas.

Whatever the Golden State does, alas, both red and blue states are likely to borrow the Texas tactic — unless the Supreme Court finally throws it out. The best hope for a soft landing is for Roberts to convince one of his five fellow GOP appointees to be the fifth vote to restore sanity to the legal system when the next challenge to Texas’ law reaches the court. If that doesn’t happen, watch out. The legal vigilantism that may ensue and the fallout from it have the potential to shake this nation to its core.