Two groups of people are not eligible to sue: government entities and employees (whose exclusion helps protect the law from legal challenges) and rapists (to prevent an attacker from cashing in on a victim’s abortion). Professor Ziegler said the latter prohibition seemed “less than airtight” in practice, given how many sexual assaults have been committed and how difficult it is to get punished.
Either way, abortion would still be illegal. “If a minor is sexually assaulted and her mother helps her get an abortion,” Professor Ziegler said, “the mother can be prosecuted, not the rapist.”
Understand Texas Abortion Laws
Texas officials have kept themselves legally untouched.
Section 171.207 (page 5): The requirements of this sub-chapter shall be enforced exclusively through private civil proceedings described in section 171.208. No enforcement … may be taken or threatened by a political subdivision against this State, a political subdivision, a district or county attorney, or an executive or administrative officer or employee of this state or any person.
Section 171.208 (page 9): This state, a state official, or a district or county attorney may not interfere with an action brought under this section. This sub-section shall not prevent any person referred to by this sub-section from recording a brief statement to the amicus curiae in action.
Section 171.211 (page 12): This State has sovereign immunity, a political subdivision has official immunity, and every officer and employee of this State or a political subdivision has authority in any action, claim, or counterclaim, or any such legal or equitable action. Exemption is something that challenges one’s legitimacy. . provision or application of this Chapter, on constitutional grounds or otherwise.
These clauses separate SB 8 from several similar restrictions that Texas and other states have previously attempted to implement. Previous laws sought to criminalize abortion at a certain point in pregnancy, with violators being prosecuted by the state. But SB 8 establishes a civil violation — not a crime — and prohibits any state agent from enforcing it. Instead, It outsources the right of citizens.
The intention was to eliminate legitimate targets for abortion providers or patients to challenge the law’s constitutionality. State officials, who are usually defendants, can use procedural objections to evade judicial scrutiny of the essence of the law – which happened last week.
The entire enterprise rests on the principle of sovereign immunity, which holds that people cannot sue states unless they are suing a specific authority or agency that enforces a given law. . . Section 171.211 makes it clear that Texas and all its officers are immune to constitutional or other challenges to SB8.
Notably, however, Texas amicus curiae — or “friends of the court” — reserves the right to file short statements with its officers, a powerful tool Which may allow the state to influence matters, while trying to avoid oversight by disconnecting itself from them.
Lawyers are discouraged from challenging the law.
Section 30.022 (page 15): Any person, including an institution, lawyer, or law firm, who acts in this State, a political subdivision, any governmental entity or public official in this State, or any person in this State to prevent the enforcement of any law For, the Ordinance seeks declaration or injunctive relief for rules, regulations, or any other form of law that regulates or prohibits abortion or which shall apply in any State or Federal Court to persons or entities who perform or promote abortion. limits taxpayer funding, or in any case that represents any suit seeking such relief. The state or federal court, jointly and severally, is liable to pay the party’s costs and attorney’s fees.
Lawyers who challenge SB8 or any other Texas abortion law, or represent someone who does, may be held responsible for the other party’s legal fees—a fee for admitting such cases. strong ability. dissatisfaction.