.steve_vladeck: The Texas abortion law is a powerful example of how violations of constitutional rights can go unredressed.
Following Congress’ lead, the Supreme Court slowly but gradually made it easier to enforce constitutional rights — especially in a series of rulings in the late 1800s and early 1900s that opened the door to suits for injunctions — to block government officers from ongoing violations of federal rights.
Through World War II and into the 1970s, the courts and Congress continued to find more and more ways to allow the Constitution to function not only as a shield from coercive government enforcement actions, but as a sword to attack unconstitutional government conduct of all shapes and sizes. None of these developments was in response to intervening legislation; these doctrinal retrenchments were entirely judge-made.
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