Last week, after the Supreme Court allowed Texas Senate Bill 8 to take effect, I said that the Justice Department was evaluating all options to protect the constitutional rights of women and other persons. Today, after a careful assessment of the facts and the law, the Justice Department has filed a lawsuit against the state of Texas. Texas does not dispute that its statute violates Supreme Court precedent. Instead, the statute includes an unprecedented scheme to, in the chief justice’s words quote, “insulate the state from responsibility,” close quote. It does not rely on the state’s executive branch to enforce the law, as is the norm in Texas, and everywhere else. Rather, the statute deputizes all private citizens without any showing of personal connection or injury to serve as bounty hunters, authorized to recover at least $10,000 per claim from individuals who facilitate a woman’s exercise of her constitutional rights. The obvious and expressly acknowledged intention of this statutory scheme is to prevent women from exercising their constitutional rights by thwarting judicial review for as long as possible. Thus far, the law has had its intended effect. Because the statute makes it too risky for an abortion clinic to stay open, abortion providers have ceased providing services. This leaves women in Texas unable to exercise their constitutional rights and unable to obtain judicial review at the very moment, they need it.