That last point is crucial … by barring the recovery of costs by successful defendants, the law (which goes into effect tomorrow) practically invites frivolous lawsuits.MDlaxfan76 wrote: ↑Tue Aug 31, 2021 3:40 pmHow about you just apologize? Had you bothered to read it the original article linked, you'd have seen the link to the actual bill.runrussellrun wrote: ↑Tue Aug 31, 2021 3:29 pmStrange law.......glad Texas wastes its time with junk like this. Some comments mentioned the process, from a legal aspect.DocBarrister wrote: ↑Tue Aug 31, 2021 3:08 pmhttps://legiscan.com/TX/text/SB8/id/2395961runrussellrun wrote: ↑Tue Aug 31, 2021 2:54 pmStop it.DocBarrister wrote: ↑Tue Aug 31, 2021 2:49 pm Never mind the Taliban in Afghanistan. We have Taliban right here in Texas … otherwise known as the Texas Republican Party.
The new Republican anti-abortion bill allows private citizens to terrorize their neighbors by threatening to take their family members to court if the woman has an abortion. It allows private citizens, for example, to sue a woman’s husband if he drives her to an abortion clinic or provides money for the abortion.
In civil litigation, depositions are permitted. So, neighbors can depose both the husband and wife about the abortion. Heck, they could in theory even depose their children to help build their case against the husband.
The measure -- signed into law by Republican Gov. Greg Abbott in May and set to go into effect on Wednesday -- prohibits abortion providers from conducting abortions once a fetal heartbeat is detected. It would effectively outlaw at least 85% of the abortions sought in the state, according to opponents of the law, since that point is around six weeks into the pregnancy, before some women know they're pregnant.
The law was passed amid a slew of restrictions that were approved by GOP legislatures across the country this year, after the confirmation of Justice Amy Coney Barrett jerked the Supreme Court further to right and made it more likely that the court will scale back or reverse entirely Roe v. Wade, the landmark 1973 decision that enshrined a constitutional right to an abortion before the fetus is viable.
But among those restrictions, the Texas bill stands out for the novel approach it takes in curtailing the procedure.
… Rather than imposing a criminal or regulatory punishment for those who conduct abortions after the point in the pregnancy, the state law created a so-called "private right of action" to enforce the restriction. Essentially, the legislature deputized private citizens to bring civil litigation -- with the threat of $10,000 or more in damages -- against providers or even anyone who helped a woman access an abortion after six weeks.
… Additionally, the law exposes to the civil damages anyone who "knowingly ... aids or abets" in the performance of abortion after the heartbeat is detected, even as it excludes from liability the woman who received the abortion.
The language is vague but has prompted fears that family members who drive patients to receive abortion or donors to abortion funds that help pay for the procedure will be vulnerable to civil litigation.
https://www.cnn.com/2021/08/31/politics ... index.html
In summary, the Republican Party of Texas (aka, the Texas Taliban) wants to impose their extremist religious ideology on everyone, using the threat of civil litigation.
Imagine your neighbors suing you because they think, mistakenly, that your wife got an abortion. Through civil litigation, they can serve written discovery requests and obtain copies of your financial records and your personal medical records. They can conduct depositions of your entire family to “prove” that the wife/mother had an abortion. (“Hi, Lisa, did your mommy ever tell you she was expecting a baby last year? Remember, Lisa, you can get in big trouble if you don’t tell us the truth. Look straight into the camera as you give your answer.”)
Can there be little doubt that the Republican Party is evolving into a racist, fascist organization that wants to impose a theocratic dictatorship on the United States?
Are they really that different from the Taliban?
DocBarrister
Such a lie.
Provide the actual bill, or just go away.
Us vs Them.
Is that what is taught at JFK school of public health.......to hate ?
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;
DocBarrister
Civil lawsuit? That's what has you all a flutter? What damages did a complete stranger incur from another stranger having an abortion.
Whatever, making a mountain out of a molehill. Too bad plenty of Democrats voted for this legislation. Pizzasnake said we must be involved, with change, or be quite.
You offering pro bono work for those being sued, civilally, in Texas? What is your issue? Abortion is still legal, yes?
And no, just one Dem voted for it. All the rest voted against it.
https://legiscan.com/TX/rollcall/SB8/id/1039526
Ridiculously awful law.
Opens door for endless harassment, and does not allow defendant to recoup legal costs if winning.
A neighbor could simply sue the husband of a woman, publicly accusing the husband and wife of procuring an abortion in a publicly accessible complaint. The lawsuit could be completely frivolous. If the defendants “win”, they cannot recover the cost of defending against the suit. Defending against such a suit could bankrupt the husband and wife.
Worse yet, the neighbor could simply threaten a suit and extort a monetary “settlement”.
Hey, Harry and Jane, I think Jane got an abortion last year. How will our friends at church react when they read the complaint I’m going to file against you? What will the good Reverend think? You think anyone will come to Suzy’s sweet sixteen party if they think her mom is a baby killer?
Now, if you show proper penance … maybe by giving me $25,000 and those new golf clubs I admire, maybe I can forgive you and walk away without filing the complaint.
Agreed? Good.
I’ll pray for your soul, Jane. You, too, Harry.
The Texas Taliban … today’s Republican Party in action.
DocBarrister