[quote=“md-2000, post:19, topic:950045”]
But the whole point of the law is that while the first person is automatically awarded the money, a thousand others can sue too.
[/quote]So the law is that ehm, well, bad, by all legal standards, that everyone vaguely involved in such an abortion could be sued 29 million times (or whatever the adult population of Texas is)?
Seven billion times. You don’t even need to live in Texas to bring a suit under this law.
Does the abortion have to take place in Texas, or is it if a Texas resident gets an abortion?
Do the defendants have to live in Texas? Suppose a Texas woman flies to California and has an abortion. Can the California doctor and other people at the Californian clinic be sued under this law?
That’s kinda what I was wondering.
Or if not, if the defendant’s sister, who is also a Texas resident, drives or arranges transportation for her to leave the state.
From what I read in the news…
I believe the point is that the law states that performing an abortion in Texas with an embryo past 6 weeks is a crime. They can’t outlaw actions outside their jurisdiction. Since a crime is committed, rather than specifying a state punishment (“3 years imprisonment and 20 lashes”) they instead assign no punishment by the state, but let anyone automatically have standing to sue in civil court over this crime. Specifically, they can sue anyone aiding and abetting this crime except the woman herself.
The crime aspect is important. IANAL but I don’t think they could pass a law allowing someone to sue over some random perfectly legal event like “I will sue you for driving past my house”.
Thus an abortion outside Texas should not qualify as a crime under this law, no grounds to sue.
I guess the question is - does the law also define that advising someone about out-of-state abortions or helping them to get one also a crime?
On the other hand, leaving a jurisdiction for purposes of _____ is also an act in that jurisdiction, and a law could be passed against it. There’s precedent: This is how the sex tourism laws work. Leaving the US to have sex with a minor is a US crime. Strictly speaking, if you traveled to Thailand for the sunny beaches, and then while you were there decided on the spur of the moment to hire an underage (by US laws) prostitute, you’d be off the hook, since that’s not something the US has jurisdiction to pass laws against (though good luck proving to the court that that wasn’t why you went).
But the Texas person getting the Oklahoma abortion can’t be sued. The bus driver crossing state lines with that person aboard could, but I imagine there would be corporate uproar if a suit were brought since the driver isn’t going to interrogate passengers or make them take a polygraph test to get on the bus.
So the question is - does this law prohibit it? Or is that a future embellishment when the mood strikes the legislature?
I don’t think they did include that in this law, but they could have.
Back in the days when everybody was clamoring for Laetrile to cure their Covid-19 cancer, and people were being prosecuted for using it (or maybe, IIRC, for treating their underage children with it), people were also prosecuted for going to Mexico for the purpose.