The Yale Law Journal

Georgina Yeomans

Forum

Ordering Conduct Yet Evading Review: A Simple Step Toward Preserving Federal Supremacy

Georgina Yeomans

Texas’s patently unconstitutional Senate Bill 8, which effectively bans abortions and assigns enforcement to private individuals, has forced the question whether states can insulate their laws from pre-enforcement review. This piece offers a roadmap for the Court to hold that states may not engage i…