The Texas Abortion Ban and the Death of Constitutional Rights

Got your attention? Great!

As I’m sure you’ve heard, the Supreme Court didn’t stop a Texas law that bans abortions performed by Texas physicians after six weeks from going into effect.

The Texas law is clearly unconstitutional. Whether or not you think the right to abortion should be a constitutional right, there is no question under Supreme Court jurisprudence that it is. And the Supreme Court has never allowed a six-week abortion ban to go into effect before, even temporarily.

So what’s different about this Texas ban? Enforcement. Usually statutes that prohibit abortion are enforced by the state government. That means that procedurally, pre-enforcement challenges are straightforward: you sue the government, which would enforce the law, and your case works its way through the court system. If the courts think you have a reasonable chance of winning, they can issue an injunction, preventing the law from going into effect until there has been a full hearing.

[Read more…]

Note on History’s Margins

Front and center today in Bolivia’s electoral decision on whether to accept a new constitution stands a Latter-day Saint, José Luís Exeni.

President of the National Electoral Court, Exeni was raised in the Church. His mother was a long time member and one of the central figures in what was called Rama Cuatro, or Fourth Branch, in La Paz, Bolivia. I vividly remember Exeni when he was a little boy and I served as a missionary in his Branch. I am told he is a returned missionary, although it has been decades since I spoke with him.

Nevertheless, for me, the importance of Exeni’s position in this question of a new constitution, Indian rights in a multinational state, and a new vision of the left is both his legal rulings and the fact that he represents how much Latter-day Saints have been woven into the fabric of Latin American society. In the US we can look to Harry Reid and a host of Latter-day Saints in Washington, but there are also Latter-day Saints in high positions of government in Bolivia, and probably in other Latin American Countries. The LDS Church has gone native.

Why I Favor Gay Marriage

The Church’s recent statement on the proposed federal marriage amendment has spurred threads at M* and a lengthy one (well over 300 posts at the time of this writing) at T&S. A lot of this discussion has focused on the politics of the proposal and the legalities of federalizing the definition of marriage. [Read more…]