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Abbott signs massive anti-abortion bill

We’ll see who sues who first.

Right there with them

Gov. Greg Abbott signed into a law Wednesday a measure that would prohibit in Texas abortions as early as six weeks — before some women know they are pregnant — and open the door for almost any private citizen to sue abortion providers and others.

The signing of the bill opens a new frontier in the battle over abortion restrictions as first-of-its-kind legal provisions — intended to make the law harder to block — are poised to be tested in the courts.

Abortion rights advocates have promised to challenge the new law, which they consider one of the most extreme nationwide and the strictest in Texas since the landmark Roe v. Wade decision. It would amount to an outright ban on abortions, as the six-week cutoff is two weeks after a missed menstrual cycle, opponents say.

The law takes effect in September.

[…]

Instead of having the government enforce the law, the bill turns the reins over to private citizens — who are newly empowered to sue abortion providers or anyone who helps someone get an abortion after a fetal heartbeat has been detected. The person would not have to be connected to someone who had an abortion or to a provider to sue.

Proponents of the new law hope to get around the legal challenges that have tied up abortion restrictions in the courts. While abortion providers typically sue the state to stop a restrictive abortion law from taking effect, there’s no state official enforcing Senate Bill 8 — so there’s no one to sue, the bill’s proponents say.

“It’s a very unique law and it’s a very clever law,” said Josh Blackman, a constitutional law professor at South Texas College of Law Houston. “Planned Parenthood can’t go to court and sue Attorney General [Ken] Paxton like they usually would because he has no role in enforcing the statute. They have to basically sit and wait to be sued.”

Legal experts have been divided on the strategy, and abortion rights advocates have said they plan to fight regardless.

Elisabeth Smith, chief counsel for state policy and advocacy at the Center for Reproductive Rights, which has represented abortion providers who have sued Texas officials, said it and other abortion rights organizations are “not going to let this six-week ban go unchallenged.”

Drucilla Tigner, policy and advocacy strategist of the American Civil Liberties Union of Texas, said the “governor’s swipe of a pen can’t change the Constitution.”

While the law amounts to the most extreme abortion ban in the country, “abortion is both legal in Texas and supported by the majority of Texans,” Tigner said.

Abortion rights advocates and lawyers say the new law would allow for a cascade of lawsuits against abortion providers, that would sap their time and money even if they ultimately won in court.

Family members, abortion funds, rape crisis counselors and other medical professionals could be open to lawsuits, under the broad language in the bill, according to legal experts and physicians who opposed the measure. People who sued would be awarded at least $10,000, as well as costs for attorney’s fees, if they won.

“Every citizen is now a private attorney general,” Blackman said. “You can have random people who are against abortion start suing tomorrow.”

See here for the previous update. Not really much else to say until someone files a lawsuit one way or the other. Either this law as designed is a diabolically clever tactic for which there is no good countermove and thus gets replicated in states across the country, or it gets blocked and the zealots have to go back to the drawing board. In the meantime, winning more elections so laws like these don’t get passed in the first place would be nice. The Chron and the Texas Signal have more.

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2 Comments

  1. Doris Murdock says:

    Child support (or zygote support) should begin at conception.

  2. Bill Daniels says:

    “Abortion rights advocates and lawyers say the new law would allow for a cascade of lawsuits against abortion providers, that would sap their time and money even if they ultimately won in court.”

    Weird. The left LOVES lawfare….until it could get used against the left. Now it’s suddenly “not fair.”

    In an unrelated matter: Hey Doris, did you ever ascertain what model gun it was you inherited (without a background check, by the way) from your uncle?

    Have you had an opportunity to try it out? Have you found a FFL holder so you can go pass a background check for that gun? I know you would feel bad about taking advantage of the “gun show loophole” and believe that every gun owner should be fully background checked. That starts at home. With you. Submitting to filling out a 4474 form, submitting proper ID, and getting a background check to see if you can own that gun.