Texas man seeks information about his ex-partner's alleged out-of-state abortion, preparing for one of the first attempts to sue people who helped Texans obtain abortions in legal states is arranged.
The man, represented by prominent anti-abortion lawyer Jonathan Mitchell, filed a lawsuit against a Texas district court under an unusual legal measure that allows lawyers to gather evidence before filing a lawsuit. requested permission to investigate possible illegal activity regarding the matter. Mitchell did not immediately respond to a request for comment.
The newspaper reported that Colin Davis, the man behind the sealed petition, sought legal action after learning that his ex-partner was planning to travel to Colorado for an abortion. washington post. Abortion is illegal in Texas under nearly all circumstances under three overlapping laws that prohibit abortion.
Senate Bill 8, enacted in September 2021 and known as the Texas Heartbeat Act, allows individuals to sue those who perform or facilitate abortions after fetal heart activity is detected. The petition alleges Davis could sue under either SB8 or the state's wrongful death law.
The lawsuit is the latest attempt by anti-abortion activists to prevent Texas women from leaving the state to seek abortion care. Some cities and counties have passed ordinances that prohibit people from using their roads to go to out-of-state clinics. It is currently illegal in Idaho to help a minor leave the state to obtain an abortion.
The petition is not the first attempt to test the limits of SB8, the law Mitchell is best known for. He previously filed a lawsuit on behalf of a Galveston man who wants to sue his ex-wife's friends for allegedly helping her procure abortion pills, which could go to trial later this year. There is.
“Even if the abortion was performed out of state, the father of the aborted fetus can sue for wrongful death in states where abortion is prohibited,” Mitchell said. washington post.
Under state law, women who seek abortions are not charged with a crime, but women who “aid and abet” an abortion can be charged with a crime.
“Mr. Davis is considering whether to pursue charges against the individuals and organizations involved in the murder of the unborn child,” Mitchell wrote in Davis' complaint in March, the report said. washington post.
The Reproductive Rights Center, a legal group representing dozens of Texas women in lawsuits challenging the state's abortion ban, is representing the women in the petition, but says that women's safety The person remains anonymous due to concerns.
Mark Herron, the center's lead attorney, said the petition is intended to serve as an intimidation tactic against Texas women considering crossing state lines to get an abortion.
“This is part of a broader trend that we predicted when Dobbs overturned Roe that that alone would not be enough for the anti-abortion movement,” Hearon said. “They won't allow the state to decide what's legal and what's illegal.”
The Supreme Court's 2022 decision overturning federal abortion protections had immediate and significant ramifications across the country. Currently, 21 states ban or limit the procedure, including Florida, which enacted a six-week ban on Wednesday.
States where abortion is legal are seeing an influx of abortion patients from states such as Texas. The abortion fund Fund Texas Choice spent more than $560,000 on out-of-state travel for clients in the first nine months of 2023. Last year, the Chicago Abortion Fund received more than 1,200 calls from Texans alone.
Herron said the organization plans to file a response on behalf of the women it represents, and it will likely take several weeks for any action to be taken in court.
“We have a constitutional right to move from state to state and access services that are lawful in the states where they are accessed,” Hearon said. “The state cannot be allowed to trap people.”
