Texas, the so-called cradle of freedom and liberty in the entire United States, will now ban abortions after six weeks (practically making all abortions illegal, as electrical activity occurs six weeks after pregnancy) thanks to Senate Bill 8, the infamous heartbeat bill that bans abortions after six weeks. The bill does have a provision for allowing abortions in the case of “medical emergency”, although “medical emergencies” do not include rape or incest. In addition, the bill gives citizens the right to sue abortion providers, a provision not offered by any other state that passes a similar “heartbeat bill”.
According to Caroline Duble, the frivolous lawsuits permitted by this bill would constrain abortion practices even further. They allow “any person” (as per the language of the bill) to sue any individual involved in performing an abortion after the six week mark, even individuals outside of Texas.
Plaintiffs also wouldn’t need to have any proof to sue, and wouldn’t be liable for the defendant’s legal fees if they lose. Individuals who are sued, however, are responsible for all of their legal fees associated with the lawsuit.
“In other words, someone in Washington D.C., like an anti-abortion extremist, could file lawsuit after lawsuit against an abortion fund or abortion provider [in Texas] accusing them of helping someone have an illegal — after this bill — abortion after the six week mark, and just force them to expend all of their resources defending themselves in court until they have to go out of business.”
The bill now heads to Governor Greg Abbott’s desk; Abbott has indicated his support for the bill. But not without vocal opposition from people in the medical field.
The bill was denounced by hundreds of lawmakers and doctors — in letters circulated by opponents of the measure — who said its broad legal language could open the door to harassing or frivolous lawsuits that could have a “chilling effect” on abortion providers and leave rape crisis counselors, nurses and clinic staff “subject to tens of thousands of dollars in liability to total strangers.” Abortion rights advocates say it is among the most extreme restrictions nationwide.
The effects of the bill on both the Texas economy and Houston’s reputation for hospitals and medical research remain to be seen, at least for now.