How a Texas man is testing out-of-state abortions by asking a court to subpoena his ex-partner

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A Texas man is petitioning a court for information over his former partner's alleged out-of-state abortion, setting up a first-of-its-kind legal test to the limits of statewide abortion bans

A Texas man is petitioning a court to authorize an obscure legal action to find out who allegedly helped his former partner obtain an out-of-state abortion, setting up the latest test of the reach of statewide abortion bans. As some states work to expand abortion access and others impose more limits following the U.S. Supreme Court’s overturning of Roe V. Wade, antiabortion activists have begun testing the boundaries of statewide bans in court.

Documents pertaining to this Texas petition have been sealed by the court for the woman's safety, but according to The Washington Post, which first reported the legal action, the man’s attorney is Jonathan Mitchell, a former Texas solicitor general and architect of Texas’ strict abortion ban. Representing the woman is the Center for Reproductive Rights and attorneys at Arnold and Porter.

Anti-abortion forces have begun turning to the courts to test how vastly these restrictions can be enforced and who can be held accountable. In a separate case in Galveston, Mitchell is also representing a Texas man who is suing three of his ex-wife’s friends, accusing them of wrongful death and seeking $1 million in damages for helping her get the pills she needed to self-induce an abortion.

 

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