Ordinarily, being offended isn’t grounds for a lawsuit. But a new crop of laws—from abortion to gun rights—opens the court doors to any outraged private citizen.
To see through the stratagem of this tactic, it helps to have a rudimentary understanding of “standing”: The bedrock legal concept that anyone filing a complaint must first show that they’ve been injured; the defendant caused the injury; and a court can address that injury.
By making everyone except the state a possible enforcer of the law, SB 8 robs potential challengers of a defendant, and thus the standing to sue. Put another way, the state of Texas didn’t cause your injury, women, lawmakers did, and if you don’t like it, your only remedy is to vote them out.
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