David Shestokas Texas Heart Beat Bill SCOTUS Decision Civil Remedy 090821

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All right. I want to welcome to the program my good friend. He is an expert on the Constitution.

He has, in fact, constitutional sound bites. You can find him at CG Contributors. Be sure and check out all of our guests there at CG Contributors, and you can head over to their websites. David's right there in the middle of the folks standing right in front of an American flag. David Chistokas is with us. David, welcome. Good to have you. Hello, Greg, and good morning, and it's great to be with you and your audience this Wednesday. You know, apparently you were traveling and doing some important family things last week, and so I'm glad to be with you this week. Glad to be back.

Glad to be back. Well, an awful lot for us to talk about. Let's start with this Texas heartbeat bill, and, of course, the Attorney General of the United States has said that he is going to be actively working against the Supreme Court decision that deemed that the Texas heartbeat bill is, in fact, still constitutional. And now we've got Satanists that are weighing in saying that they're going to create a satanic religious ritual whereby they will abort babies, and they'll make that a satanic ritual, not a surprise. Talk to me about this Texas situation and the heartbeat bill and just all of the, I mean, there's a variety of different issues around this. Go ahead.

Certainly, yeah. Well, the principle of this issue at the moment really is the enforcement mechanism. Of course, Texas essentially indicated that it was illegal to perform abortions after heartbeats are detected, which at least all my reading makes me understand that that's typically around six weeks into a pregnancy. But what Texas did that was different than everybody else is they created an enforcement system that's lodged in private citizens. They essentially created what they call private, what we would call in other situations, private attorney generals, where there's a right of enforcement that's lodged in the community.

That's not an unusual tool in many, many aspects, many places of the law. The lawsuit we have gone on with the Illinois Conservatory of the University of the Board of Elections, technically speaking, the law that we're seeking to enforce could be enforced by the Justice Department, but it in fact, but the law that was created allows for a private right of action for citizens to enforce the law. That's much like what Texas did in this in this heartbeat bill that they called and they are allowing for private citizens to sue and recover up to up to $10,000.

People that are either performing or aiding and abetting the performance of abortions beyond the discovery of a heartbeat, beyond a measurable heartbeat. Interestingly enough, those lawsuits that private citizens can file are against providers or people that are assisting providers. It does not allow for a suit against a woman seeking an abortion.

It's just strictly the providers. Ultimately, they say a group of abortion providers, I'm going to guess is primarily Planned Parenthood, they've got the money to fund something like that, filed suit in advance of the effective date for the law and the effective date for the law was to be September the 1st. They filed suit in July, but who they sued was a state court judge and a known anti-abortion activist.

The state court judge, under the way the new law is put together, doesn't have any authority to move forward with that case. Strangely enough, the anti-abortion activist that they sued as well has an affidavit on filing the case indicating that he has no intention of suing anybody under this situation. Strangely enough, the Supreme Court, the abortion providers sued to stop the law from going into effect. The federal district trial court agreed with them and allowed them to put together an injunction.

The Fifth Circuit Court of Appeals disagreed and struck the district court's injunction and indicated that it wouldn't. From the district court, they went straight to the Supremes and the Supremes ultimately actually said they didn't rule on whether or not the law was constitutional. What they ruled upon was the fact that the alleged defendants, that is the one guy that they sued to stop him from suing other people under the new law, indicated he had no intention of suing anybody. And the state court judge has no authority to sue anybody, at least not in his state court judge's official position.

I would guess if he wanted to as a private citizen, the way the law reads, he could do so and pursue something like that. But as it turns out, the Supreme Court simply ruled that these defendants hadn't done anything to make them defendants in the case. There was no case. In Article III of the Constitution, it indicates that the Supreme Court and all the lower courts will have jurisdiction over cases and controversies. Well, if the defendants are saying, I'm not doing this, I'm not involved in this, and I haven't done it, there's no case or controversy for the Supreme Court to hear. And so that's why they allowed the Fifth Circuit Court of Appeals order to stand and then send it back.

Basically, what the Supreme Court did, I would expect that somewhere along the line, it won't be too terribly long before the case winds up being dismissed. Simply because, again, there's no standing, right? No standing. The defendants really don't have anything at issue. Standing is something that you measure for plaintiffs, okay? Defendants, you don't necessarily measure standing, but here is the whole situation about the fact that there is no case of controversy, that these defendants are not involved in the execution or the enforcement of this law in any way, shape, or form.

So there's essentially no Article III case, and I would ultimately say that there's no jurisdiction at this juncture up until the time that somebody does, some citizen goes to enforce it and goes to try and collect a $10,000 potential bounty for that. And then seeking a junction against the abortion provider prohibiting them from providing any future abortions. So Texas did some really clever lawyering in terms of having the case be postured in such a situation that the law, in fact, would go into effect. Basically what this does is it puts the onus on the provider to decide, is it worth the risk now to take a chance on getting sued? Is my medical malpractice going to cover me if I knowingly participate in something that might end up getting me sued? The insurance companies are going to be dashing around, I'm sure, writing something into their policies that basically say, if you proceed on this, we're not going to defend you. We're not going to cover you because you have knowingly committed malpractice, essentially, if that were to be the defense. It would not be an unusual provision in such an insurance policy that they simply do not cover illegal acts at this juncture. And so if there was a provider that were to provide, say, a seven-week abortion and the mother suffered consequences, well, the insurance provider's position likely would be, listen, you're doing an illegal act. You're not covered under your policy.

Your policy doesn't cover that. And so whatever damage happens to this woman as a result of your malfeasance during the commission of an illegal act, you're not covered. And not only that, but she's also out because she has no recourse and her insurance isn't going to cover her should she have to be rushed to the hospital, which these cases oftentimes do, or would it? I would suggest that's a different circumstance because, of course, there is no penalty for the woman seeking abortion in the Texas law. So it's very curious the way it's written that the penalties, the potential penalties are for providers, but not for... No, no, no. I'm not talking about her being sued.

I'm talking about with her health insurance. Yes. And I am talking about the same thing.

Okay. Still provide coverage. She didn't engage in an act that she was prohibited from doing.

So it doesn't fall on the same. It becomes a little more complex because she's not prohibited. Right. But the doctor is. The provider is. And, of course, Planned Parenthood then has to answer this question because they claim that their primary issue is health services for women and no one's stopping them from doing mammograms, cervical exams, or even passing out contraceptives to stop or prevent a pregnancy. So none of that has been messed with. So their only recourse action is to admit that their primary source of business and income is abortions.

And they have claimed for years that that's not the case. So that creates another piece. All right.

Listen, we're not going to have a lot of time for these, but there's a couple of other things we need to talk about when we get back and we'll be talking about them. Is Afghanistan a 25th Amendment issue? How slippery is that slope?

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And welcome back to Chosen Generation Radio. I'm your host Pastor Greg. You know David Gistokas, by the way, is my guest.

Be sure and get to CG contributors. Click on his page. You can follow him and he does his own program that he's on every Thursday at 7 p.m. on American media, right?

American Media Periscope. Yes. Which currently is undergoing a bit of a facelift and we're on hiatus for a couple of weeks. We'll be back in about three weeks. All right.

Well, you keep us posted and we'll let folks know where they can find you when you're back up and running. You and I were just having a conversation. I think it's just very interesting because, you know, on the one hand we believe in a rule of law. We believe that these are our God-ordained, that there is a morality that should be used as a test, a certain right and wrong, an objective right and wrong. The left, on the other hand, in our view, has a very subjective view and as you said, you know, they act lawless. What I was suggesting is that they believe they have a law unto themselves because they believe that their morality, however construed and constructed and misconstrued, all of it is, but they truly believe that their version is the correct version.

That's the clash of ideologies. Well, I think you're being generous. No, no, no. I'm not giving them any ground. I'm not saying that what they're doing is at all a law.

At all. I'm just saying that we're fighting this, looking at it ourselves and saying it's nonsense, it's crazy, it doesn't even make any sense, but that's how twisted the mind is of the person you're arguing with. Yeah, that is how twisted it is, but I still, you know, in the way you put it, it sounds like at least you're giving them some kind of philosophical moral authority that they have within themselves.

No, no, no. I'm not suggesting that. Yes, but they do believe that they have some kind of moral authority. That is what they believe. That's why they think we're evil, David. They think that you and I are bad. That's why they make statements like, well, you know, MAGA people are like the Taliban, nationalists, people who are patriotic, people that actually love America.

They love something evil because America has always been evil. This is their mantra, man. This is what they think. It's crazy.

It is crazy. But the thing is, as soon as you get to someplace where you call something a living constitution, that juncture means there is no law. They get to make it up.

They get to judge, jury, executioner. Like the administrative state, like the administrative state that they've created. Same thing.

Yeah. And that's it's it's really very strange. And it's it's curious that we're talking about the eviction moratorium often.

He'd been he's been told days before that the administration's been told days before by the court. This is unconstitutional. And they went ahead and did it anyway. They just they simply don't care.

Our institutions and our legal establishments mean nothing to them. Yeah. No, you're right. Well, you're right. Well, and, you know, I just had Dr. Peter Vincent Fry on previously and everybody's talking about Afghanistan and the leaving behind and all that kind of stuff. We didn't really get too much into that. But, you know, nobody's talking about the devastation of Ida and and four hundred thousand people that are still without power.

All of this a direct result of the incompetence of the federal government and their responsibility to protect these grids, which they have completely and totally abandoned. David, thanks for being with us today. I greatly appreciate it. We're back with more. I'm hungry.

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