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VMA131Marine

VMA131Marine's Journal
VMA131Marine's Journal
September 3, 2021

This Texas abortion ban: I'm confused.

The law says that anybody living in Texas can sue abortion providers or people who assist women in getting abortions after the detection of a fetal heartbeat. If the suit is successful in stopping an abortion, the plaintiff receives $10,000 from the defendant. There are no criminal penalties. Here’s where my confusion lies: there is no such thing as double jeopardy in civil court, that’s part of the reason you need to show standing and a tangible injury to file a lawsuit. But the Texas law lets anyone sue so after someone is successfully sued, everyone else in Texas could theoretically file the exact same suit, and why wouldn’t they with the promise of $10k sitting out there and all the difficult work of proving the case already done and written down in black and white in the court transcript? Coincidentally, the surge of suits would promptly shut down the civil side of the Texas legal system.

Also, what’s the standard of evidence for proving you prevented an “illegal” abortion? Civil cases are usually decided on a preponderance of the evidence, but how do you prove somebody was going to have an abortion. How do you prove it occurred after a fetal heartbeat was detected? This would only be possible if the plaintiff had access to the patient’s medical records, which are prevented from disclosure without patient authorisation by HIPAA; HIPAA is a federal law. Providers cannot be forced to break Federal law by state judges.

P.S. Maybe I’m not so confused after all. I wrote a Twitter thread on this noting that the method used to enforce the Texas ban could be used against, for example, gun manufacturers and gun stores to ban access to certain types of firearms. Then I read a WaPo article that made the exact same point:
“ Qui tam lawsuits, Jenkins said, are meant to ferret out wrongdoing. By contrast, he added, the abortion law allows any citizen to become a potential enforcer of a policy that will probably face serious constitutional challenges.
Jenkins said that principle could be applied by lawmakers in other states who want to take aim at aspects of the Constitution they don’t like, such as freedom of the press or the right to bear arms.”

https://www.washingtonpost.com/politics/courts_law/texas-abortion-ban-jonathan-mitchell/2021/09/02/ecbd1124-0c17-11ec-aea1-42a8138f132a_story.html

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Gender: Male
Hometown: Rockfall, CT
Home country: USA
Member since: Thu Apr 15, 2004, 12:29 AM
Number of posts: 4,139
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