Coale Mind
Hosted by leading Texas appellate lawyer David Coale, each "Coale Mind" episode offers concise, lively, and practical exploration of today's hot-button constitutional issues.
Coale Mind
God, Sex, Life, and Dobbs: Who are the "People's Elected Representatives"?
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David Coale
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Season 3
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Episode 2
Quoting several courts and the synoptic gospels ("Render unto Caesar ... "), this episode further considers who the "people's elected representatives" are, as identified in Dobbs:
- Which state's representatives? A Texas resident has an abortion in New Mexico, after receiving information from a nonprofit based in New York. Which state's legislature(s) may regulate this activity?
- Which representatives? Imagine a law giving two different Texas prosecutors jurisdiction over an alleged abortion-related crime. Which branch of government resolves a difference of opinion--one of the prosecutors (the executive)? the Legislature? or the courts?
- Is it government at all? What if the duly elected leaders of a church congregation decide to assist travel to other states related to abortion? Do they have a defense to prosecution under the Supreme Court's City of Hialeah case that allowed Santeria congregations to engage in animal sacrifice?
