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What Roman Mars Can Learn About Con Law

Executive Privilege, SB 8 update, and Rust

What Roman Mars Can Learn About Con Law

Roman Mars

Government

4.84.1K Ratings

🗓️ 1 November 2021

⏱️ 28 minutes

🧾️ Download transcript

Summary

An update on SB 8, Executive Privilege of presidential records, and a short digression into criminal law with the tragic death on a movie set

Transcript

Click on a timestamp to play from that location

0:00.0

So we're talking on Thursday, October 28th at 11.10 a.m.

0:03.8

So what are we talking about today?

0:05.1

Well, let's start with an update in the Texas abortion case.

0:09.0

Oh, yeah, absolutely.

0:10.4

Remember that in May, SB8 was signed into law, and the law is like a lot of other restrictive abortion laws because it bans nearly every abortion, but this one had a novel twist because usually the state is responsible for

0:25.4

enforcing abortion laws but with SB8 the law is written so that private

0:30.6

individuals not the state of Texas, enforce the law.

0:34.7

So that means that ordinary people get to sue, and they get to sue not just people who provide

0:39.7

abortions, but anybody who helps the pregnant woman obtain one.

0:44.0

Now that presents a huge challenge.

0:47.0

Usually when you have a law like this you can bring a lawsuit even before

0:51.0

enforcement by suing the government official who's responsible for enforcing the law.

0:56.4

Not so here.

0:58.0

So what's happened is that a group of abortion providers in Texas tried a different approach.

1:03.9

They sued judges and court clerks in the state, as well as a private person who's threatened

1:10.1

to bring a lawsuit under SBA.

1:12.4

That's an unusual tactic, but it's an unusual law.

1:16.4

And the federal government has also stepped in and sued Texas.

1:20.3

We want to go now to Attorney General, Merrick-

1:22.1

Last week after the Supreme Court allowed Texas Senate Bill 8 to take effect.

1:27.0

I said that the Justice Department was evaluating all options to protect the constitutional rights of women and other persons.

1:34.0

Today, after a careful assessment of the facts and the law,

...

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