… Aside from state experimentation, private enforcement fosters a participatory democratic government system. It also encourages state authorities to develop and implement legislation that is both efficient and productive. Part II of this Comment analyzes the provisions of SB 8 and its influence on subsequent legislation that adopts a similar framework. Part II also discusses constitutional theories that justify the use of the private enforcement scheme, ultimately affirming its validity, legality, and constitutionality. With this foundation, Part III of this Comment contends that private enforcement, specifically as it exists in the current age, serves an essential role in the US democratic system while simultaneously imposing limits on judicial supremacy. Part III also offers that SB 8’s scheme may not be as aggressive or extreme as one may think, grounding these assertions in sound public policy reasoning. This Comment questions the politicization private enforcement schemes have encountered and encourages readers to explore alternative avenues for achieving favorable legislation. It concludes by advocating for mechanisms that foster an effective and efficient form of democratic governance.
Hailey Martin, SB H(8): Battle of the Bills and Private Enforcement, 92 University of Cincinnati Law Review 821 (2024).
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