Every element of your Texas Anti-Abortion Act that gets overturned at the federal level is precedent we will use to destroy the Texas Family Code because that code unconstitutionally and irreparably injures children and families.
The abortion law authorizes a private right of action in civil law, that as the federal judge put it, undermines the constitution, in part because there is no state agent to sue for civil rights violations, or is there? First, let me explain, the constitution does NOT protect against private individuals violating your rights. That is the role of the civil law. The constitution protects us from government action that violates our civil rights. When a state attempts to remove the government from the equation, the state is trying to subvert the constitution. That is exactly what state’s do in family law where they convey a “best interest” private right of action permitting people to attack your civil rights apparently without the government initiating the attack.
There are, however, situations where private actors can be held accountable for civil rights violations just like the government. Acting as the state’s prosecutor under S.B. 8 or under best interest is likely sufficient under State Action Doctrine rules to make someone liable.
We wrote a book, Oath Breakers: Lies Family Courts Tell ,that shows how parents can be sued in federal court as state actors for using the state legal system to deprive the other parent and the child of their constitutional rights to each other.
We have recommended to anti-abortion activists that they pattern their approach on family law because family law is effectively protected from any meaningful constitutional review in either state or federal courts. Pro choice attorneys are far better than family law attorneys and are far more motivated to push their constitutional issues. This is good for us in family law because federal courts will do the proper analysis in abortion cases that they simply refuse to do in family law cases.
They will punch many holes in the S.B. 8 that we can then use to punch holes in the family code. this is likely to include a clear message that we can sue the person exercising the private right of action.
Ron B Palmer foreshadowed the state of Texas making the critical mistake they just made in S.B. 8
Texas Abortion Law
We have been saying for years that child custody courts are NOT properly adjudicating the rights of the parents or the child even though
the Fifth Circuit has clearly held that state court judges are required to properly adjudicate the federal questions that are properly
presented to them. Now we have a directly on point holding specific to state court judges in a nearly identical context. The fall out
from that can only help us.
Texas S.B.8 is exactly what we have been hoping for and pushing for. We aren’t sure if they got the idea from us or they came up with it
on their own but one thing is for absolute certain, the federal courts will address the abortion issues even as they ignore family law.
The federal courts will protect a woman’s right to kill a but they won’t lift a finger to protect a mother’s parental rights after she
chooses NOT to have an abortion. Shame on the federal courts.
Its NOT just the federal courts though. These pro-life people don’t seem to give a damn about any living children or their rights. They
are completely unwilling to address the irreparable harm child custody courts cause to children every single day.
I want to give a great big thank you to state Senator Bryan Hughes for introducing the bill that turned into the Texas Heartbeat Act,
S.B.8. You Senator Hughes have done far more for the constitutional rights of fit parents in divorce than you are likely to ever know.
Every element of your Texas Anti-Abortion Act that gets overturned at the federal level is precedent we will use to destroy the Texas
Family Code and its absolutely unconstitutional destruction of families and children’s lives.
We are going to cover the law and the legal proceedings around it in much more detail and demonstrate to you, how what we have been
saying for years, is actually the law. You can be confident that Fix Family Courts will leverage every single element of this
anti-abortion law to help actual living children that the Honorable Senator Hughes seems to care little about.
Narcissists are hard for good people to understand. The issue is that you still believed that good exists in your ex, and that this will prevail. You didn’t want to believe that there is evil in people. And that’s probably because you are kindhearted and a good person with a good soul, so you think everyone has what you have inside – a conscience and good intentions.
DANGER! GAL is expensive and can hurt you badly. Get rid of the GAL
DANGER! The GAL is a prosecutor for the judge, NOT your friend. Guardian Ad Litem adds costs and hardships but does nothing to protect your child’s rights.