A New York Times report Sunday quoted a confession from lawyer Jonathan Mitchell that creating the Texas abortion bill was an effort to get around the courts voting to uphold Roe v. Wade.
The Times report detailed those anti-choice activists working in Texas with Mitchell, but his statement makes it clear that he crafted the legislation to work around the system.
"The political branches have been too willing to cede control of constitutional interpretation to the federal judiciary," he said. "But there are ways to counter the judiciary's constitutional pronouncements, and Texas has shown that the states need not adopt a posture of learned helplessness in response to questionable or unconstitutional court rulings."
The article cites a 2018 paper that Mitchell penned outlining the use of municipal ordinances in Texas prior to doing a state-wide law in 2021.
Still, Mitchell wasn't welcomed into the Donald Trump Justice Department, instead, he was appointed to a little-known agency called the Administrative Conference of the United States. The effort was stopped by Sen. Sheldon Whitehouse (D-RI).