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Private right of action didn’t start in Texas

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14.09.2021

Progressives and President Joe Biden himself profess outrage over the just-passed Texas abortion restriction law — not only because it constrains what the president has called the constitutional right to abortion but because of its enforcement provision. A law whose enforcement is based on a “private right of action,” we are told, amounts to vigilante justice.

Perhaps so.

But such an enforcement action was at the heart of the most consequential housing-related court case of recent years, which forced Westchester County, New York, to spend more than $30 million to build subsidized housing throughout the county — and set the stage for federal policy to use federal funds as a cudgel to force other communities to do the same. As the Wall Street Journal editorial board put it , Democrats have finally “discovered that a private right of action without injury is unfair.”

The name of the 2009 case tells the tale. Anti-Discrimination Center vs. Westchester County stemmed from a private right of action court suit filed by a private New York group, which not only forced a costly result of limited value but itself rewarded in the settlement to the tune of $7.5 million. In contrast to the........

© Washington Examiner


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