ABSTRACT
Private enforcement of state law has a long history of acceptance and continues to serve its purposes well in narrow circumstances on matters where there is little public debate. The recent Texas Heartbeat statute enabling private lawsuits against abortion providers is not such a beneficial application, where it fosters aggression and arbitrary use against medical professionals by members of the general public. Highly controversial subjects, such as the right to abortion and reproductive healthcare, are simply not suitable for private enforcement. This is made apparent through an examination of the American legal history related to citizen’s arrest, posse comitatus, and mandatory reporting of professional misconduct, which have varied with respect to their risk of overzealousness and prejudicial motives.
Brobst, Jennifer A, Perilous Private Enforcement Strategies: From Posses and Citizen’s Arrest to Texas Heartbeat Statutes (December 16, 2022), 14 ConLawNOW 11 (2022).
Leave a Reply