I must say, I am TOTALLY confused by this law. So the idea is that the State doesn't charge anyone, but some random person can sue people for assisting an abortion? Doesn't someone need LEGAL STANDING in order to sue in the Texas abortion law? Outside of perhaps a father who is against the abortion, I cannot see who would have legal standing. I'm as pro-life as they come, but this just doesn't make sense to me!
Anybody. It will be neighbor watching neighbor. Perhaps a new career path for some people sort-a like a private eye. Aren't the trumpers on our Supreme Court wonderful?
From USA today editorial board : """""The Lone Star State has created an Orwellian system where neighbors would be paid to snitch on neighbors as lawyers profit from a process that could have been designed by the East German Stasi. In the legal discovery process, clinics could be forced to turn over women's medical records to prove or disprove whether they had an abortion and how old the embryo was. You don't have to believe in abortion on demand or revere Roe v. Wade as a landmark victory for women's rights to understand that the Texas law is simply un-American. This totalitarian system was put in place because abortion opponents thought they had come up with a clever way to prevent courts from stopping the law before it went into effect. By making everyone the prosecutor for the law, the Texas Legislature made it hard to figure out who abortion rights advocates could take to court to stop enforcement."""
I think this is a great system. Now anyone in Texas can sue strangers who they see having a car accident - even though they are not personally involved - they just have to say they were traumatized by the event (if you're going to allow lawsuits without standing, then you open the doors to every sort of scam imaginable).
Well, think of it this way. Under the classic law, a state prosecutor is the one that can sue. This law just allows anyone to attempt to initiate (or at least petition for) the lawsuit before the judge. It just has to do with who can initiate the case.
From USA today editorial board : """""The Lone Star State has created an Orwellian system where neighbors would be paid to snitch on neighbors as lawyers profit from a process that could have been designed by the East German Stasi. In the legal discovery process, clinics could be forced to turn over women's medical records to prove or disprove whether they had an abortion and how old the embryo was. You don't have to believe in abortion on demand or revere Roe v. Wade as a landmark victory for women's rights to understand that the Texas law is simply un-American. This totalitarian system was put in place because abortion opponents thought they had come up with a clever way to prevent courts from stopping the law before it went into effect. By making everyone the prosecutor for the law, the Texas Legislature made it hard to figure out who abortion rights advocates could take to court to stop enforcement."""
It was designed to end run around the current law by creating enough confusion that would intimidate women from having an abortion and also intimidate providers, a deterrent per se. In additional, it's a political win for a certain portion of the base since the name of the game is politics at all costs.
It would appear to be the case. Obviously the SC is going to see this "legislation" again and again if they don't rule on it.
