Justices Sotomayor and Kagan put heat on Texas for how ban creates model to attack other rights
Justice Brett Kavanaugh questioned Texas on argument made by foes of the ban that the legislation’s enforcement mechanism might be “simply replicated” in different states, the place the legislatures oppose different constitutionally protected rights, like gun rights or freedom of faith.
Kavanaugh grilled Texas on a state of affairs the place a gun buy might invite $1 million damages, whether or not that form of state personal reason for motion legislation can be exempt from preemptive federal courtroom evaluation.
The line of questioning got here after Kavanaugh earlier within the listening to requested one other pointed query for Texas that steered he had some sympathy in direction of the suppliers’ arguments within the case.
He requested in regards to the case legislation that permits opponents to hunt federal courtroom orders preemptively blocking state officers from implementing legal guidelines, and the way Texas had seemingly gotten round it by tasking personal residents with the ban’s enforcement.
He referenced Justice Elena Kagan and her assertion that, in tasking personal residents with the ban’s enforcement, Texas had discovered a loophole within the case legislation. Kavanaugh requested Texas whether or not the Supreme Court docket ought to search to shut that loophole.
