Coale Mind

"SB8: A Terrible Beauty" - November 2021 Baylor Law Presentation, Part Two

November 28, 2021 David Coale Season 2 Episode 10
Coale Mind
"SB8: A Terrible Beauty" - November 2021 Baylor Law Presentation, Part Two
Show Notes

This is the second half of my presentation to Professor Rory Ryan's Federal Courts class at Baylor Law School, about SB8, on November 23, 2021. The presentation addresses four issues raised in the litigation about the law:
(1) sovereign immunity as defined by Ex Parte Young,
(2) standing (both to sue about SB8, and under it),
(3) whether Texas avoided "state action" (and with it, the federal civil-rights laws) by its delegation of enforcement to private citizens, and
(4) limits on federal-court power to enjoin an unconstitutional law, especially as stated by In Re Debs.
This episode has the discussion of the last three topics and a brief conclusion. 
PLEASE NOTE that there are occasional short skips in the recording, especially at the very start, but they do not interfere with the flow of the presentations. The PowerPoint is available here and a video recording here