Santa Fe New Mexican

Texas abortion law: Bad from get-go

- Leonard Scott Sheldon lives in Santa Fe.

Reading the article (“Eyes on Kavanaugh as Texas case returns,” Nov. 1) and reflecting on the bizarre abandonmen­t of government responsibi­lity in the Texas abortion law made me recall sage advice from my father. I know he gave it because I was a big kid, big for my age.

He said, “Don’t commit any torts on your classmates no matter the aggravatio­n.”

When I scrunched up my 5-year-old face, he said, “Don’t hit anybody.” That advice served me well for obvious reasons.

The weird way Texas is trying to extend authority with this law designed to stop abortion is most confusing. The state wishes to make a constituti­onally legal medical procedure illegal using a gimmick — neither the state nor any of its subdivisio­ns is authorized to enforce the new prohibitio­n.

Instead, the law says anybody can file what amounts to a tort claim for a minimum jackpot of $10,000 against anybody (except the person receiving the abortion) who had a role in providing these suddenly “illegal” services to their clients. How can a tenuous legislativ­e majority create a tort out of and impose financial threat against providers of this previously legal activity? It just is not good law.

Will this law ensure domestic tranquilit­y when low-level judges might have to admit there is no tort against anybody authorized to sue under this? I know, all of the suers under this law will claim excruciati­ng pain for every micron of fetal material that does not make it to full term. But really, it’s hard to see that a tort claims judge can judge this. Yet tranquilit­y is emphasized in the U.S. Constituti­on. The Supreme Court must consider that as it comes to a decision after hearing oral arguments on the law earlier this November.

Texans ought to be demanding better product from their Legislatur­e. This law is a time and energy waster from the get-go. It reeks of bullying. Given the lack of real ideas on governance and living from the GOP, we might have to be on the lookout to quash such a law in New Mexico, too.

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