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LeftInTX

(25,259 posts)
5. This:
Fri Sep 10, 2021, 10:44 AM
Sep 2021
What is parens patriae? And why it matters
The department is making another major standing argument: that the US government has the right to bring the lawsuit against Texas because of how the ban "flagrantly infringes on the constitutional rights of the public at large."
That standing argument relies on a legal concept known as parens patriae, Vladeck said, which espouses the government is a representative of its citizens and it can sue to vindicate the rights of those citizens.
It's a "well-trod" legal concept, Vladeck said, but it's on "ground that has not been trod in a while."
The lawsuits refers multiple times to the "scheme" to "evade" the Constitution and "avoid" responsibility. The department says that Texas "has gone to unprecedented lengths to cloak its attack on constitutionally protected rights."


This why I see the law as illegal: "Because it evades the Constitution"...

"This kind of scheme to nullify the Constitution of the United States is one that all Americans -- whatever their politics or party -- should fear. If it prevails, it may become a model for action in other areas, by other states, and with respect to other constitutional rights and judicial precedents," Garland said.


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