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Will Gun Restrictions Modeled On Texas’s Anti-Choice Law Work For Democrats?
Texas Has Tried To Sidestep Legal Challenges To Its Abortion Ban By Relying On Citizens For Enforcement. A TMR Caller Wonders Whether The Same Tactic Could Be Used To Restrict Firearms. Sam Seder and the MR Crew discuss.
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Caller: On the issue of the um laws uh the abortion laws you were talking about
Sam Seder: yup
Caller: They wouldn't work against guns because what happened with the abortion laws were the providers shut down because they were deterred by the threat of a lawsuit against them that would be successful. So in the context of the lawsuit, you can raise your constitutional defense that the law is unconstitutional because it violates your excuse me violates your rights and you could do that and if you win the lawsuit gets the smith, but you can't get a preliminary injunction against anyone because the courts held at the state agencies are not responsible for implementing the law-
Emma Vigeland: Well at this point
because people will still exercise their rights they won't care about lawsuits they expect they'll win in the courts when they raise their constitutional defense whereas the right to abortion is really up in the air right now
EV: right but at this current juncture it's still a constitutional right
SS: No, I know what you're saying here he's saying that each case would be uh resolved um by uh by the by claiming that it's an abridgment of their constitutional right so you would have to handle it on a case-by-case basis right...
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