Fate of Roe v. Wade in Texas then beyond

[IcyPeas]

https://slate.com/news-and-politics/2021/08/texas-abortion-supreme-court-roe-wade.html

... a law known as SB 8 that outlaws abortion after six weeks. But SB 8 is unique: It empowers private citizens, not government officials, to enforce it. The measure allows any random stranger to bring a lawsuit in state court against any individual who “aids or abets” an abortion in Texas after six weeks. Anyone in the country may file such a suit against abortion “abettors” in any state court within Texas. If the plaintiff wins, they collect a minimum of $10,000 plus attorneys’ fees. And if they win a case against an abortion provider, the court must shut down that clinic.
...
it will be open season on Texas’ abortion providers. Anyone, anywhere, can sue an “abettor” of any abortion that takes place after six weeks in Texas. Patients themselves are exempted from a suit, but their loved ones, including spouses, are not. Possible targets may include any person who encourages the abortion, including family members of the patient; rape crisis counselors, genetic counselors, and clergy; a friend who drives the patient to a clinic; donors to an abortion fund; and, of course, the clinic staff who facilitate the procedure. Any person who forms an intent to “abet” the abortion can also be sued, even if they don’t follow through on their intentions. All these individuals can be sued for at least $10,000 per abortion in any state court. If they don’t defend themselves, the court must automatically rule against them.
...
This is the stuff an anti-abortion jurist’s dreams are made of. If the high court simply decides not to decide the fate of SB 8, in an unsigned, unreasoned two-sentence order over the summer recess, who’s going to pay attention? Texas wants to ban all abortions. The Supreme Court wants Texas to ban all abortions. In the most cynical sense, the decision to do nothing at all here is a win for everyone.

Rachel Maddow just talked about this on her show. It's freakin horrifying.

[msongs]

1. a backdoor way to get around supreme court upholding roe v wade. sounds illegal nt

[FBaggins]

14. It does... but that's an entirely different thing than...

... getting SCOTUS to make such a ruling mere weeks after you bring a lawsuit and no lower court has ruled on it yet.

[PlanetBev]

2. I saw it

She uses the most appropriate word to describe this law, dystopian.

[Haggard Celine]

4. That IS appropriate.

Who wrote that law, Kafka? Just more hypocrisy from the party that wants government out of our lives.

[TrogL]

7. I stopped watching Handmaid's Tale because I couldn't cope

Now it's reality

[Mad_Machine76]

3. How does a random citizen

sue somebody? Unless you're a lawyer or have legal counsel, the average Joe and Jane would not only need to know how to file a lawsuit, but they would have to adjudicate said lawsuit in court, provide evidence, etc., right? This law is awful but the way it's designed to evade legal challenges seems like it would make it near impossible for the average Joe and Jane to successfully file and adjudicate a lawsuit. Am I missing something? Any DU lawyers care to weigh in?

[llmart]

17. I'm not a lawyer but I did work at a law school.

There are private law schools (research Ave Maria Law School in Florida) who's main mission is to train lawyers in how to overturn Roe v Wade. I'm guessing that there are enough wealthy people (Catholics primarily) who, if they'll fund running a law school for that purpose can easily afford to do pro bono legal representation.

Just my take. Ave Maria actually has an entire town in Florida that seems like a creepy enclave of all white, Catholic residents and businesses.

[Mad_Machine76]

18. They would likely become swamped and overwhelmed

probably, though? And non-lawyers are not going be giving up their day jobs to become private litigators? Some people with deep pockets and time on their hands might take this up but it all seems highly impractical. I'm wondering if filling people's heads idea of being sued is meant more simply as a deterrent to getting an abortion/providing abortions

[DBoon]

5. The perfect way to get revenge on someone you don't like

Manufacture a case they "abetted" a pregnancy termination and make their life pure hell.

[Ilsa]

6. NY or CA should pass a law

allowing citizens to sue residents of texas who get prescriptions for Viagra or get a vasectomy. It should shock the bastards into thinking about their own bodily autonomy.

[roamer65]

8. Texas women going to other states for abortions.

Make sure you DO NOT go to the clinics with TX license plates on the vehicle.

Also cover you head and face so it cannot be seen.

Also make sure when you leave you are not being followed.

These stupid freaks will monitor clinics in other states and try bullshit in TX.

[PortTack]

11. I would add to that don't tell anyone! Don't get a pregnancy test via the dr.

[dalton99a]

9. This legislation will be replicated in other red states

[Lovie777]

10. Roe vs Wade is still law of the land . . .

[USALiberal]

15. Do you not understand that this bypasses it? Nt

[WhiskeyGrinder]

16. And it's clear SCOTUS is about to gut it.

[UTUSN]

12. K&R

[electric_blue68]

13. 🤬🤬🤬 RW Texans! (I know good ❤️ Liberal Texans!)