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Thursday, September 2, 2021

The Texas anti-abortion law is incomplete

Thanks to all five uber-right-wing Supreme Court Justices turning a blind eye, Texas' now-infamous anti-abortion law has taken effect. The law criminalizes abortion after six weeks. (Most women don't even know they're pregnant at that point.) There is no exception for rape or incest. To keep from running afoul of prior Supreme Court rulings, the state of Texas doesn't enforce the law. Instead, the law allows a private citizen — any private citizen — to sue anyone who facilitated the abortion. That could include not just the medical personnel who actually carried out the procedure, but anyone who helped; the oft-cited example is the rideshare driver who dropped the woman off at an abortion clinic. Moreover, there's no downside for suing: the plaintiff isn't liable even if s/he pursued the claim frivolously. (That's my understanding from media coverage, anyway.) If the party being sued doesn't respond, a Texas court can enter a default judgment requiring the defendant to pay the plaintiff's legal fees plus a $10,000 fine.

It's a lovely piece of work. Congratulations, Texas Republicans: you crafted a law that is uniquely cruel and corrosive to the rule of law, substituting vigilantism for law enforcement.

However, the law could be made palatable (maybe) with a simple addition to its provisions:

Any party suing, or threatening to sue, under the terms of this law is required to take custody of an unwanted newborn — one for each suit threatened or filed. Otherwise a filed suit is dismissed with prejudice.
You feel strongly that all fertilized eggs should be brought to term? Then take responsibility for the resulting children.

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