The Court of Appeals, the US Court of Appeals for the Fifth Circuit in New Orleans, has yet to issue a decision in an appeal pending before it. But “the writing is on the wall,” providers told the judges. “And although the Fifth Circuit expedited the appeal, it would not argue until December at the earliest.”
“Meanwhile, Texans are in crisis,” the providers wrote.
Texas law, known as SB8, has innovative features. The law, which makes no exceptions for pregnancies resulting from incest or rape, prohibits state officials from enforcing it and instead deputes private individuals to prosecute any person who processes or “Helps and Instigates”.
This makes it difficult for abortion providers to know who to sue, as lawsuits seeking to block laws as unconstitutional usually name the officials accused of enforcing them as defendants. it happens. when the provider filed suit in federal court, he named, among others, each state trial court judge and county court clerk in Texas.
While it can be difficult to sue to challenge the law, it can be difficult for private citizens to use as doctors, staff members of clinics, counselors, people helping pay for the procedure, and even an Uber driver. Allows a lawsuit to be filed against a patient for taking them to an abortion clinic. Plaintiffs, who are not required to live in Texas, have had an abortion or cause injury, are entitled to $10,000 and their legal fees if they win. The prevailing defendants are not entitled to legal fees.
“Facing the threat of unlimited lawsuits from the general population and the potential for catastrophic liability if they violate the ban, abortion providers have been forced to comply,” the providers wrote. “As a result, Texans now have to travel hundreds of miles to other states during a pandemic, to exercise a clearly established federal authority. Texans seeking out-of-state appointments for this time-sensitive medical care The growth of the U.S. is causing backlogs in those states, delaying abortions for Texans and non-Texans alike.