Martin Q. Blank said:
RebelE Infantry said:
As I understand it, anyone can sue for performing abortions. Which is awesome.
Yes, I'm reading the bill now. It says anyone can sue. And you can't sue the mother, only the provider.
Quote:
Sec. 171.208. CIVIL LIABILITY FOR VIOLATION OR AIDING OR
ABETTING VIOLATION. (a) Any person, other than an officer or
employee of a state or local governmental entity in this state, may
bring a civil action against any person who:
(1) performs or induces an abortion in violation of
this subchapter;
(2) knowingly engages in conduct that aids or abets
the performance or inducement of an abortion, including paying for
or reimbursing the costs of an abortion through insurance or
otherwise, if the abortion is performed or induced in violation of
this subchapter, regardless of whether the person knew or should
have known that the abortion would be performed or induced in
violation of this subchapter; or
(3) intends to engage in the conduct described by
Subdivision (1) or (2).
I'm just wondering what standing someone would have other than the father.
I'm not sure what the elements of standing are in state courts in Texas (I've never litigated the issue personally), but a suit by someone who hasn't suffered any damages would be thrown out at least by the summary judgment stage. Its also possible that the defendant could persuade the judge sanctions would be appropriate in such a case.
The statute has an underlying premise that to bring a suit, you have to have suffered some kind of damage. "Any person" doesn't mean you or me for someone we don't know who's had an abortion. However, a grandparent or even an aunt or uncle might be able to make a claim. The language may not be exactly what the legislature intended and probably be amended next full session. Until then the courts will probably interpret "any" pretty narrowly.
On the other hand, given that I'm not familiar with the legislative history of this statute, those that are probably have access to materials that, if the court will admit them as evidence, may go further than I did in defining "any." At the very least, they can make the argument and possibly get an expert witness on the stand.