The argument as I understand it goes along the lines of:
State makes a law of questionable constitutional legality.
State allows citizens to sue other citizens for breaking the law.
State does not sue anyone, but allows citizens to sue each other, akin to a bounty system.
State is not involved in enforcement, so it's immune from judicial oversight.
I'm not sure on the whole legality of any of that but that's what I understand the argument to be. Discuss...
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