New Legal Tactic Serves Both Sides of Abortion Battle

As the political battle over abortion continues, both sides have started using private cause-of-action laws in attempts to tip the balance. Unlike typical laws that rely on government enforcement, private cause of action laws don’t have a government penalty attached for breaking them. Instead, lawbreakers can get sued by private citizens. In theory, private cause of action laws shouldn’t count as state infringements on rights, even when they punish actions that it’s unconstitutional for states to punish. That’s because citizens enforce the law. So far, this method seems to allow both pro-life and pro-abortion legislators to make laws that previously would have been struck down by the Supreme Court. In Texas, a recent law bans abortion after the detection of a heartbeat, while in California, a bill that pro-life activists say effectively outlaws photography outside abortion clinics awaits signing. Both bills rely on private cause of action for enforcement. Texas …