Is “vigilante federalism” the new weapon in battles over abortion, religion, sexuality, gender, and race?

MONTEREY/SANTA BARBARA, CALIFORNIA, UNITED STATES, December 2, 2022 /EINPresswire.com/ -- Is “vigilante federalism” the new weapon in battles over abortion, religion, sexuality, gender, and race? SideBar podcast on The Legal Talk Network welcomes David Noll, co-author of the article "Vigilante Federalism" who warns how the spread of state-level private subordination laws such as SB-8 in Texas thwarts our democratic system and erases longstanding constitutional rights.

David Noll is a lawyer, law professor, and prolific writer on the topics of constitutional law, legislation, and legal institutions. He is currently a Professor of Law and the Associate Dean for Faculty Research and Development at Rutgers Law School. His scholarly writings on civil procedure, complex litigation, and administrative law have appeared in the Cornell Law Review, California Law Review, Michigan Law Review, N.Y.U. Law Review, and Stanford Journal of Complex Litigation. He has also published articles in The New York Times, Politico, Slate, the Regulatory Review, and the New York Law Journal. Noll and his colleague Jon Michaels are currently working on a book entitled "Vigilante Democracy" that is under contract with Simon & Shuster's One Signal for publication in 2024.

“We invited David to SideBar,” said co-host Mitch Winick, “because he warns us that recent state vigilante laws are authorizing private individuals to target, surveil, and intimidate vulnerable members of our communities on the basis of religious ideology and - if this is true - we should all wake up and be very concerned.” Co-host Jackie Gardina agrees, “if the courts enforce private actions against individuals engaging in constitutionally protected conduct, the government – through the courts – is complicit in undermining our constitutional rights. David is correct when he argues that it puts us at great risk of losing our constitutional compass. These current laws might be targeting abortion rights, LGBTQ rights, encouraging book banning, and revising history through a political filter . . . but the breakdown of our constitutional protections means that these laws, if allowed to stand, weaken the very foundation of our democracy.”

In discussing the importance of discussing these types of issues on SideBar, Winick, President and Dean of Monterey College of Law, emphasized that “Jackie and I believe that legal education should extend beyond the law school classroom. SideBar will provide a platform to discuss fundamental rights that impact our everyday life.” Gardina, Dean of the Colleges of Law in Santa Barbara and Ventura, added, “in order to understand the laws and legal decisions that define our rights, it is important to consider three key elements . . . how did we get here . . . where are we now . . . and where are we going next.” “Constitutional rights do not exist in a historical vacuum,” agreed Winick. “If we want to understand the context of current legal decisions, it is important to discuss why these laws originally came about and how they have evolved over time . . . not merely what we might want them to say in today’s world.”

In upcoming SideBar episodes, Gardina and Winick will be interviewing Dahlia Lithwick, host of "Amicus", Slate Magazine’s award-winning biweekly podcast about the Supreme Court and author of "Lady Justice: Women, the Law, and the Battle to Save America".

SideBar is scheduled to publish new episodes on the Legal Talk Network each 1st and 3rd Saturday of the month. To listen to current SideBar episodes, read about future guests, and contact the co-hosts with ideas, comments or questions, go to www.sidebarmedia.org.

Mitchel Winick
MONTEREY COLLEGE OF LAW
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