> “another state could give private citizens the right to sue anyone who says something non-woke about an LGBTQXYZ123 person.”
Ridiculous, never happen. And if it did it would be crushed on appeal.
The lawsuit against TX will proceed and fail because it will preempt the State from deputizing its people from enforcing its laws. Texas does not say abortion is at all times illegal, it says Texans can sue if a heartbeat is detected past a certain time. Such lawsuits are not guaranteed to succeed, hence no injury is created by the law. Filing a lawsuit is not in and of itself an injury.
Perhaps the specific example I gave would be overturned on appeal, but there are a host of ways that this legal tactic could be used to empower activists to attack people for exercising their constitutional rights. It doesn't matter if the lawsuits rarely prevail, just the right to sue gives activists an incredibly powerful tool to punish people they don't like and would have a chilling effect on constitutionally protected activity.
Besides, federal courts don't like legal gimmicks that take their power away, so I'm pretty sure this tactic will not be allowed to stand, at least not in its entirety.