Pro-choice protesters march down Congress Avenue at a protest outside the Texas state capitol on May 29, 2021 in Austin, Texas. Photo: Sergio Flores/Getty Images As national attention shifts to Texas at the beginning of a special legislative session that will, among other things, involve Republican efforts to pass voter-suppression legislation previously blocked by Democrats, there is renewed interest in one statute passed in the spring that is due to take effect in September.
Texas’s broadly worded “heartbeat law” is unique in that it allows any person in the country to sue anyone involved in a Texas abortion, including a family member who “aides and abets” a woman seeking to terminate her pregnancy, a friend who drives her to the clinic, and/or possibly even an attorney who offers legal advice to anyone in the chain.Normally in this type of litigation, groups like Planned Parenthood or ACLU sue a government official trying to enforce the law.
Critics say the Texas law amounts to a kind of hack of the legal system. In an open letter this spring, more than 370 Texas lawyers, including Professor [Stephen] Vladeck, said a central flaw was its attempt to confer legal standing on abortion opponents who were not themselves injured. They called the law an “unprecedented abuse of civil litigation,” and said it could “have a destabilizing impact on the state’s legal infrastructure.
Sooner or later, Texas and federal courts will review this law, and it may well not survive. It is a particularly devious type of the TRAP laws that have not fared well at SCOTUS, and it aims to ban — without exceptions for pregnancies resulting from rape or incest — the pre-viability abortions protected since Roe v. Wade.
How about they just keep it in their pants?
Time to legalize the brownshirts for that time when Big Daddy comes back.
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