States copying Texas abortion law give power to government, courts. Is that conservative now?
Republican-controlled legislatures around the country are playing a furious game of “Can You Top This?” with new conservative legislation.
But in their zeal, they’re leaning hard on broad definitions of state power, expanding the reach of civil litigation and risking political backlash.
Texas was the pioneer, with its novel but regrettable approach to abortion. State law now allows civil suits against those who assist a woman in having the procedure after a fetal heartbeat can be detected.
It’s had the intended effect: Abortions in the state are way down, and the courts are flummoxed about how to deal with a law that state officials can’t enforce. It’s so successful that several states are rushing to copy it.
But it’s not just conservative states. California’s governor has mused about using the lawsuit approach to limit gun rights. Some Illinois officials even want to use it to police fake COVID-19 cards.
Missouri wins the escalation prize. Republicans there are considering a bill that would allow suits against people who help women leave the state for an abortion. Imagine the chaos of states trying to police what happens beyond their borders. This is government overreach into individual lives that progressives can’t even dream of.
You’d think butting heads with business might give some pause. Nope: When the financial giant Citi disclosed it would pay travel expenses for employees leaving their home states to obtain an abortion, Texas officials threatened boycotts and new legislation.
Citi’s customers and shareholders surely would have generated a backlash, perhaps sufficient enough to prompt a revocation of the policy. That’s the market at work, but apparently, too many so-called conservatives no longer trust either free markets or public opinion.
Their answer — state-sponsored civil legislation as far as the eye can see — is a far cry from the classic conservative view of the role of courts. And no one knows where it will lead next.
Caution about unintended consequences is a hallmark of conservatism. Instead of asking whether they can somehow do a thing, more so-called conservative legislators should ask if they should.
Editor’s note: A version of this column originally appeared in our conservative opinion newsletter, Right Turns. It’s delivered every Saturday with a fresh take on the news and a roundup of our best center-right opinion content. Sign up here.
