#Constitution

2 posts from the 2021–2022 archive.

Supreme Court strikes NY law (as unconstitutional) that required permits for concealed guns

Before, New Yorkers had to show they had self-defense needs to get the permit.

NY mayor not happy, nor Biden. It affects 40 states, Biden said.

NY can still require people get licenses on condition of things like background checks and mental health records, said an analyst. They can also limit guns in places like overcroweded places, courts, maybe trains.

Getting a gun is the same as before in NY. You still have to go through the same process to get a license. What is different is that anyone who has that license can concealed carry.

Texas abortion law

"If the legislatures of the several states may, at will, annul the judgements of the courts of the United States, and destroy the rights acquired under those judgements, the Constitution itself becomes a solemn mockery." - Chief Justice Roberts

Currently, the Texas law is the strictest in the States, banning abortion after 6 weeks, when 90% of abortions happen. The Supreme Court (Conservative majority) said OK, 5-4, this is a weird new thing, we don't understand it yet, weird procedural question, but abortion providers haven't given us enough reason to tell Texan judges not to enforce it.

R V Wade (1973) said 24 weeks. Are Women's rights being violated now, since abortions after 6 weeks are not being done. The Constitutionality won't be worked out, people say, until there's a real case brought forward (a lawsuit by a Texan--perhaps one of their anti-abortion groups like Right to Life) to be tried.

The Texas law is enforced in a unique way, which is why Conservatives on the Supreme Court said they didn't have the power to intervene here. State officials don't enforce it. Individual Texans sue both providers and anyone who aids and abets an abortion. Doctors said they would comply by not doing abortions after 6 weeks.

A civil avenue for any individual to sue anyone else for violating a certain law.

Americans to a considerable but not overwhelming degree would favor laws against abortions in the 3rd trimester (80% according to Gallup) and a slight majority (60%) would favor laws for the 2nd trimester.

Texas poll found 50% of Texas support making abortion illegal after 6 weeks. 67% of Republicans and 27% of Democrats said they supported these bills.

(This story has been going on for a few months now.)