Ed Whelan has the details:
In May 2021, the voters of Lubbock—the 11th-largest city in Texas—overwhelmingly approved a measure (Proposition A) that outlaws abortion in Lubbock. The ordinance took effect on June 1, 2021. Like the Texas Heartbeat Act, the Lubbock ordinance provides that it may be enforced only by private civil lawsuits brought against individuals who perform or aid or abet abortions in Lubbock, and it prohibits the city of Lubbock and its officials from enforcing its ban. Unlike the Texas Heartbeat Act, the Lubbock abortion ban applies from conception, rather than when a fetal heartbeat is detectable.
A judge dismissed the lawsuit for lack of standing and Planned Parenthood has abandoned the appeal. Ed’s conclusion:
In his concurring opinion in Webster v. Reproductive Health Services (1989), Justice Scalia lamented that it “appears that the mansion of constitutionalized abortion law, constructed overnight in Roe v. Wade, must be disassembled doorjamb by doorjamb, and never entirely brought down, no matter how wrong it may be.” But that ramshackle house of horrors finally appears to be collapsing.
I’m more concerned. There is no limiting principle here that says that this approach for avoiding court review applies only to phony and made-up constitutional rights. San Francisco could ban all private gun ownership tomorrow using this scheme. Portland could create a private cause of action against anyone who utters a statement that a specified minority group finds offensive. And under the Lubbock/Texas rubric, there’s not a damn thing you could do to stop it in federal court.
That should frighten everyone.