Abortion providers, and even manufacturers, will be liable for penalties over pills mailed into the state
Residents of Texas can now sue people who they suspect of making, distributing or mailing abortion pills in or out of the state, in a first-of-its-kind law that aims to dam the flood of abortion pills into states that ban the procedure.
Under the new law, which went into effect on Thursday, abortion providers could face penalties of at least $100,000 if they mail pills into Texas. Manufacturers of abortion pills are also eligible to be sued, although women who take abortion pills are not.
Anti-abortion activists are hoping that the law will escalate the war between states that protect abortion rights and those that do not, since it marks the first legislative challenge to “shield laws”. Enacted in a handful of blue states after the fall of Roe v Wade, shield laws aim to protect abortion providers from out-of-state prosecution, even if they are shipping pills across state borders. By the end of 2024, abortion providers in shield-law states like Massachusetts and New York were facilitating more than 12,000 abortions a month in states that ban the procedure, including in Texas, according to #WeCount, a research project by the Society of Family Planning.
My belief is that Texas knows it’s impossible to actually enforce these laws, so they’re ofsetting the responsibility to citizens. Instead of “See something, say something” it’s “see something, sue someone”, which perfectly represents some parts of American legal culture.
There’s no standing otherwise. So no legal grounds to bring a lawsuit - this allows them to push it onto citizens (read: billionaire activists)
It’s about taking the state out of the process. If citizens are suing each other, it’s an entirely civil matter that keeps Texas from having to go to court against another state. SCOTUS has original jurisdiction (i.e. the case goes straight to SCOTUS instead of working through the lower courts) for disputes between states, and this is NOT something the conservatives want going to SCOTUS.
Either they lose, or they win and set some precedents they do NOT want. Imagine California being able to go after Winchester when a California resident buys ammo in Nevada.
we’re still pretending like precedent matters? cute
common law is a joke, “precedent” is just shit some inbred english aristocrats came up with to corrupt roman/civil law, in a bid to hold onto their waning power
It isn’t impossible. But by commodifying the act of enforcement they can effectively send kick backs to their private sector allies.
This isn’t a system for finding and punishing violators, it’s a system for shaking down “liberal” business interests and extorting them via civil courts.
The only citizens who get to play this game are those that already signed up for TPUSA or joined the Heritage Foundation or Federalist Society or are otherwise a foot soldier in the culture wars