The anti-abortion law in Texas that permits private citizens to sue anyone who is not the woman but considered involved in the abortion, or apparently even just thinking about it, has gone into effect. Professor Richardson has an interesting, if accurate, summary point:
S.B. 8 puts ordinary people in charge of law enforcement. Anyone—at all—can sue any individual who “aids or abets,” or even intends to abet, an abortion in Texas after six weeks. Women seeking abortion themselves are exempt, but anyone who advises them (including a spouse), gives them a ride, provides counseling, staffs a clinic, and so on, can be sued by any random stranger. If the plaintiff wins, they pocket $10,000 plus court costs, and the clinic that provided the procedure is closed down. If the defendant doesn’t defend themselves, the court must find them guilty. And if the defendant wins, they get…nothing. Not even attorney’s fees.
This is – not literally – a lawyer’s dream, because now everyone in Texas is a potential defendant. All it takes is an allegation that, say, Governor Abbott is considering suggesting a friend get abortion. Proof?
Who cares?
Someone else already sued?
Who cares? Everyone – but the pregnant woman – is a big ol’ piggy bank. You need $10,000, and you know someone who already lost? Sue them again.
All it takes is someone willing to make an allegation. Lawyer costs will ruin defendants, if nothing else.
The first person leaving Texas due to this law may be a pro-choicer, but the second person may be an anti-abortionist burnt by a lawsuit, and pursued by a dozen others.
