𝐉𝐨𝐧 𝐁𝐞𝐫𝐠𝐞𝐫 on Nostr: npub17a93l…lmv9a Well, but the state IS enforcing the law in the Shelley v. Kraemer ...

npub17a93lvl79m9crvwkkcglmgwqghdxzmkrllvyma7jdhl32k0th3fq4lmv9a (npub17a9…mv9a) Well, but the state IS enforcing the law in the Shelley v. Kraemer sense, isn't it? That seems like a similar scenario: the Fourteenth Amendment says that the government can't deny equal protection, and the government said that it wasn't doing that because it was just enforcing a private agreement between two non-state actors in court, and the Supreme Court said no, that's wrong because the court is part of the state so the ENFORCEMENT is the state action. Or at any rate that's the very tl;dr version I vaguely recall from Con Law back in the mists. Would that sort of argument have any chance of overcoming all these hateful Texas private-attorney-general statutes, in an alternative universe with a Supreme Court that cared about precedent?