United States Civil War II
By: Chris Anthony
Tags: Abortion, Supreme Court, Civil War, Gun Control, Politics

United States Civil War II

Increasingly, there is talk of another civil war in the United States. It has even been said that the country is already in a cold (i.e., nonshooting) civil war. But the million-dollar question is, what will it look like if it progresses beyond a cold war?

Who’s fighting who?

Will the next civil war be conservatives versus liberals, or will it be along other sociopolitical lines such as abortion rights or the vaccine divide? If a pro-life conservative shows up to fight with the conservatives and is wearing a mask, will they be allowed to fight?

Where will the battles be fought?

If it’s a war, will there be violent battles? Where will they be fought? Will there be large battles like Gettysburg, Antietam, Bull Run, or Vicksburg?

Or, has Texas developed a courtroom battlefield where individual citizens can take action against the enemy without firing a shot?

The Battle over Abortion

Texas Governor Greg Abbott, on September 1, 2021, signed into law a measure that will prohibit women from having abortions as early as six weeks after inception. The law also doesn’t allow any exceptions for pregnancies caused by rape or incest. Similar bills have been passed by other states, but until now, all have been held up by the court system.

The Texas version has a different approach. The law prohibits any government official from enforcing the law. Instead, as a civil matter, any private citizen may sue other private citizens if they perform an abortion or assist the woman in obtaining an abortion in any way. The woman can’t be sued under the law, but the doctor, a friend who drove her to the clinic, or the woman’s parent or father of the child who funds the abortion, can be.

In a 5–4 vote, the U.S. Supreme Court refused to block the new Texas law. The decision did leave the door open for abortion providers, or others, to challenge the Texas law in other ways in the future. However, due to the typically lengthy court process, it will likely be months or longer before the case returns to the Supreme Court. In the meantime, the law is in effect.

If this law is not struck down, could the precedent set the stage for other courtroom battles in the United States Civil War II?

The Battle over Firearm Bans

If the Texas abortion law is allowed to stay in place for some period of time, should we expect that those from the opposite side of the political divide may test the strategy by adapting it to other issues.

What if another governor signs a weapons ban into law? Following the Texas model, this law could prohibit any government official from enforcing the law. Instead, as a civil matter, any private citizen could sue other private citizens if they enable or assist an individual in obtaining, or using a prohibited weapon. The weapon owner couldn’t be sued for obtaining or using the weapon, just as the woman who receives an abortion can’t be sued under the Texas abortion law.

Any private citizen could sue a gun dealer for selling the weapon to the individual. The transportation company, such as UPS, could be sued for bringing the prohibited weapon into the state. A commercial business could be sued for selling ammunition for a prohibited weapon. A firing range could be sued for allowing a customer to fire a prohibited weapon at their facility, or a landowner could be sued for allowing a hunter to use a prohibited weapon on their land. And a Uber driver could be sued for transporting an individual carrying a banned weapon.

The Battle over Protests and Demonstrations

In April of this year, Gov. Ron DeSantis signed a new Florida law that he touts as the “strongest anti-rioting, pro-law enforcement measure in the country.” It was written in response to the many protests around the country following the death of George Floyd, at the hands of police officers in Minneapolis. It adds new protections for police and increases the penalties for those who are involved in property damage or violence during protests. Additionally, local officials are liable under the law for lawsuits from injured parties if it is determined that they did not do enough to respond to control violent protests.

Florida law does not prohibit peaceful assemblies guaranteed by the Constitution. But, how easy would it be to rewrite this law following the strategy of the Texas abortion ban? Peaceful assemblies could be prohibited, but state officials wouldn’t be able to enforce the ban. Protestors would likely not be subject to penalty, but anyone who helped organize the assembly could be sued by other citizens. Uber drivers who transport protestors to the event could be opened to lawsuits. Possibly officials who approve permits for demonstrations could be sued. And vendors who provide bathroom facilities or food could be sued.

Is it all a little far-fetched? You just can’t make this stuff up — but Texas did.