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CV NEWS FEED // A bill recently introduced and preliminarily passed in the Texas Senate seeks to amplify the penalties for manufacturing, mailing or delivering abortion pills to someone in the state.
The Texas Tribune reported that violators of Senate Bill 2880, also known as the “Women and Child Protection Act,” could be sued for $100,000. The bill also changes when, how, and whom can be sued.
“The bill expands on the private enforcement mechanism Texas used to outlaw most abortions in 2021 by allowing private lawsuits against anyone who mails or delivers abortion pills, including medication manufacturers,” the Texas Tribune reported. “It also expands when and how people can sue for wrongful death after an abortion and goes after internet providers that host information on abortion pills and financial services that facilitate transactions.”
Abortion is currently illegal in Texas in almost all instances. The bill’s author, Republican Sen. Bryan Hughes, said that the bill would provide more protections for women targeted by out-of-state abortion pill suppliers.
Though the bill passed in the Senate April 29, it was hotly debated by Democratic Sen. Nathan Johnson on the issue of jurisprudence. According to the Texas Tribune, the bill currently prohibits anyone from challenging it in state court before its becomes effective Sept. 1. The bill also allows anyone to sue a state court judge for $100,000 should they rule it unconstitutional.
“If there is a judge who is having to defend herself or himself under this provision, they may not receive or obtain legal representation from the attorney general,” Johnson noted. “Now that’s not very nice, is it?”
Hughes responded, “Ignoring the law is not very nice when the Legislature specifically sets it out in a way that’s clear and unequivocal.”
Additionally, the bill would make lawyers financially responsible for legal fees in almost all cases should they represent challengers to the bill. It also would extend the statute of limitations in deaths caused by abortion drugs.
Hughes also stated that the bill’s purpose “is to be a very strong and unequivocal statement” dissuading anyone from mailing abortion pills into the state.
According to the Texas Tribune, Texas has several statutes dating to before the Civil War that criminalize abortions. Conservatives argue that the laws are in effect, but progressives argue the opposite, citing court rulings that say the statutes were “repealed by implication.”
