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🗓️ 5 April 2022
⏱️ 30 minutes
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It’s been more than six months since Texas’ anti-abortion law went into effect. SB8 lets private citizens sue anyone who helped a pregnant person get an abortion after the six-week ban, which could come with a $10,000 payout.
Idaho just passed similar legislation, and other states are considering copycat laws, too. Some experts refer to these kinds of measures as “bounty hunter” bills, and they say there are aspects of them that are similar to the Fugitive Slave laws that required civilians help capture enslaved people and led to the Civil War.
“It’s not unconstitutional to create ways in which private citizens can enforce the law. What does start to offend the Constitution is when you are encouraging people to act as bounty hunters when other folks are exercising a constitutional right. That’s going to be a problem for us,” said Kim Mutcherson, co-dean and professor at Rutgers Law School in Camden, New Jersey.
Mutcherson said these laws allow private citizens to line their pockets while undermining constitutional rights, which is outside the mainstream of lawmaking in this country.
On the show today: the parallels between Fugitive Slave laws and civilian enforcement laws of today.
Later, we’ll talk about the cost of owning a home versus renting, and a revealing study about racial disparities and COVID-19.
Then we’ll hear from listeners about long COVID-19 and a twisted answer to the Make Me Smart question.
Here’s everything we talked about today:
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| 0:00.0 | Hello, I am Kimberly Adams and welcome to Make Me Smart, where none of us is as smart |
| 0:12.2 | as all of us. |
| 0:14.5 | And I'm Amy Scott. |
| 0:15.8 | It is Tuesday, which means it's time for our weekly deep dive into a single topic. |
| 0:20.5 | And today we've got a really interesting one about so-called bounty hunter style legislation. |
| 0:27.8 | The big example you've probably heard is in Texas, which has created a financial incentive |
| 0:33.7 | for private citizens to enforce anti-abortion laws. |
| 0:37.9 | Right. |
| 0:38.9 | Now some people have pointed out how aspects of these laws seem awfully similar to the |
| 0:44.9 | fugitive slave laws that led up to the Civil War. |
| 0:48.8 | And that was where the government basically said that civilians had to help capture enslaved |
| 0:54.2 | people. |
| 0:55.2 | So, today we're going to get smart about this history and what it tells us about where |
| 1:00.4 | we are now and to help us get smart is Kim Mutterson, Dean and Professor of Law at |
| 1:06.3 | Rutgers University. |
| 1:07.8 | Welcome. |
| 1:08.8 | Thank you so much for having me. |
| 1:10.3 | So what are those similarities between the fugitive slave laws or fugitive slave acts |
| 1:15.1 | as they're sometimes called and the recent anti-abortion legislation in Texas and now I guess |
| 1:21.2 | all this other legislation in the works about a variety of issues elsewhere? |
| 1:25.6 | Well the big similarity is just the starting point. |
| 1:28.9 | The idea that you would give power to private citizens to enforce a particular law and not |
... |
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