SAN ANTONIO — A handful of prominent gun rights advocates are pushing the U.S. Supreme Court to overturn Texas's near-total abortion ban prohibiting the procedure when a fetal heartbeat is detected.
The court's ruling will have nothing to do with the legality or morality of abortion. Instead, justices will decide whether Texas's mechanism for enforcing the law is constitutional.
Texas lawmakers crafted the measure to make it difficult for abortion providers to challenge the law. Instead of threatening doctors or clinicians with criminal charges, the law invites private citizens to sue abortion providers and their assistants out of business.
Republicans who drafted the legislation say a judge cannot issue an injunction against the state to stop the law since Texas plays no role in its enforcement.
The Firearms Policy Coalition filed an amicus brief in opposition to the law. It contends states might use the measure as a guidebook to circumvent judicial review and the Constitution.
"If Texas’s scheme for postponing or evading federal judicial review is successful here, it will undoubtedly serve as a model for deterring and suppressing the exercise of numerous constitutional rights," the brief reads.
Some gunowners say they fear more liberal states could use the mechanism to effectively institute gun control by inviting lawsuits against gun retailers. Justice Brett Kavanaugh made reference to this scenario during oral arguments Monday.
“There’s a loophole that's been exploited,” he said. “It could be free speech rights. It could be free exercise of religion rights. It could be Second Amendment rights—if this position is accepted here.”
"I see where he's coming from," said Josh Felker, president of Lone Star Handgun shooting range. "But that's already happening with the Second Amendment."
Felker contends that states have long used legal loopholes to limit access to firearms. He added, though, that he supports efforts to solidify gun owners' rights.
"Our Supreme Court is going to rule, hopefully, in favor of something that protects our founding document as well as our rights as a state," he said. "I'm glad I'm not a judge. That's a tough road to hoe."
Felker said he feels a sense of security, regardless of the ruling, because it seems unlikely Lone Star State politicians would use the loophole to limit gun rights.
"It's strange times," he said.
Conservatives justices seemed inclined to strike down the law Monday, ruling that states cannot use civil liability to circumvent judicial overview.
Their final ruling will likely come in the spring. In the meantime, the law remains in effect.