In many ways, this isn't my fight. I don't live in Texas (although this law will be felt all over the country - and don't give any money to Planned Parenthood or you can be sued), I am not a woman, nor do most my female friends have to worry about this. But I still find it appalling that this will be the law in days.
You probably haven't heard all that much about the new Texas Abortion restrictions because everyone thought they would be overturned. That does not seem to be the case.
So here's the skinny: In two days a Byzantine law takes effect in Texas that will essentially outlaw abortions. The details of the law follow below:
Now we haven't heard much because a US District Court (5th District) was slated to take up the law with a full court hearing. Yesterday, a judge overruled that hearing. And put the review OFF the fast track. Meaning the law will be allowed to go into effect on Sept 1st, and any review will be 18+ months away. Yesterday it was appealed to the Supreme Court which has until tomorrow to stop it. If not, it goes into effect tomorrow. The details:
In May, the state’s Republican lawmakers passed a law known as SB 8 that outlaws abortion after six weeks. But SB 8 is unique: It empowers private citizens, not government officials, to enforce it. The measure allows any random stranger to bring a lawsuit in state court against any individual who “aids or abets” an abortion in Texas after six weeks. Anyone in the country may file such a suit against abortion “abettors” in any state court within Texas. If the plaintiff wins, they collect a minimum of $10,000 plus attorneys’ fees. And if they win a case against an abortion provider, the court must shut down that clinic. If the provider somehow prevails, they collect nothing, not even attorneys’ fees.
Texas Republicans devised this convoluted system in order to prevent federal courts from blocking the law—and so far, they’ve succeeded: On Friday, the 5th U.S. Circuit Court of Appeals abruptly canceled a trial judge’s hearing on SB 8’s constitutionality, effectively allowing the law to take effect in two days, on Sept. 1.
If SCOTUS does allow SB 8 to take effect, it will be open season on Texas’ abortion providers. Anyone, anywhere, can sue an “abettor” of any abortion that takes place after six weeks in Texas. Patients themselves are exempted from a suit, but their loved ones, including spouses, are not. Possible targets may include any person who encourages the abortion, including family members of the patient; rape crisis counselors, genetic counselors, and clergy; a friend who drives the patient to a clinic; donors to an abortion fund; and, of course, the clinic staff who facilitate the procedure. Any person who forms an intent to “abet” the abortion can also be sued, even if they don’t follow through on their intentions. All these individuals can be sued for at least $10,000 per abortion in any state court. If they don’t defend themselves, the court must automatically rule against them.
One little-mentioned provision of SB 8 also triggers the mandatory closure of abortion clinics in Texas. When a plaintiff wins a suit against an abortion provider, they get more than just monetary damages: The state court is legally obligated to shutter the provider, as well. Thus, if SB 8 takes effect, it will not take long for state courts to end all legal abortion services in Texas.
So, if you didn't read all that, let me sum it up. Anyone can sue anyone or any organization that helps a woman get an abortion after 6 weeks. Including her husband, a friend that drives here over state lines to get an abortion, anyone group that might counsel that an abortion is right for her. And anyone (again including her husband) that thinks about helping the woman, even if they don't follow through with it. And if the busy body wins, they get $10,000 (and closing of a clinic). If they lose, the winner gets nothing. Not even court costs.
Note: This legislature are also the assholes that refuse to ALLOW mask mandates, with the motto, My Body My Choice.
Everything is bigger in Texas, Especially the assholes.
ONG ! This is absolutely insane .
ReplyDeleteThe Texas legislature has legalized vigilante justice.
ReplyDelete