The recently passed and controversial Texas abortion bill has excited much comment, and now a Monmouth Poll result:
Two unique provisions of the Texas law are broadly opposed by the public. Seven in ten Americans (70%) disapprove of allowing private citizens to use lawsuits to enforce this law rather than having government prosecutors handle these cases. Additionally, 8 in 10 Americans (81%) disapprove of giving $10,000 to private citizens who successfully file suits against those who perform or assist a woman with getting an abortion. The vast majority of Democrats and independents oppose both provisions. Republicans are split on having private citizens enforce the law (46% approve and 41% disapprove), but most GOP identifiers (67%) take a negative view of the $10,000 payment aspect.
Naturally, the results are interpreted through the prism of abortion: Good or bad?
But the two points above remind me of the libertarian inclination to privatize everything. The Texas abortion bill is a prime example of privatizing the investigation and quasi-enforcement of a non-law: the unofficial banning of enforcement.
And, if I may peek through the prism of private law enforcement, which may be cracked in this case, it doesn’t appear that Americans are happy about it, with 70% disapproving of it. Of course, the whole situation is dubious: attempting to criminalize a Constitutionally protected activity without doing so renders the question of what poll respondents perceive to be objectionable something of a question mark.
But it’s still worth remembering that Americans don’t seem to be jumping at the chance to privatize the enforcement of a public law.
