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Th4tGuyII ,
@Th4tGuyII@kbin.social avatar

Surely it has to be unconstitutional to create a law which essentially inhibits local governments from actually governing in major aspects of the law?

Or is that the intention... To have it be challenged, and then sent up to the now rather right-biased SCOTUS and make it a precedent?

spaceghoti OP ,

According to the lawsuits filed against this law, it’s explicitly against the Texas constitution.

TWeaK ,

The article says that the Federal government provides no protection between State and County or City. Texas specifically may have law prohibiting this new law, but that’s only because the new law is too broad and too vague. That might not stop other states from implementing the law successfully, however.

It won’t go to SCOTUS, it’s all at the state level. Unless someone comes up with a US constitutional angle, or something.

eldavi ,

It won’t go to SCOTUS, it’s all at the state level. Unless someone comes up with a US constitutional angle, or something.

to add to this: state lawmakers (especially texas) goes out of their way to make sure that there’s nothing in these proposals that could service as excuse for the federal gov’t to get involved because the state courts usually do what the state legislature wants.

Ted_Bunny ,

The TX Constitution is extremely malleable. Amendments are routine, and they use them in places other states would use normal legislation.

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