Texas Abortion Law: Who Pays The Bounty?

Texas' abortion law, also known as Senate Bill 8 (SB 8), is one of the most restrictive abortion laws in the country. It prohibits abortions after six weeks of pregnancy and allows anyone in the US to sue individuals who aid someone in getting an abortion in Texas. This includes medical professionals, family members, and even strangers. The law offers a cash incentive of at least $10,000 for each successful lawsuit, with no limit on the number of suits that can be filed. While the woman receiving the abortion cannot be prosecuted, anyone providing or aiding the procedure is subject to criminal prosecution and civil lawsuits. The law has sparked controversy and legal challenges, with critics arguing that it infringes on constitutionally protected rights.

Who can be sued under Texas abortion law?

Texas' abortion law, known as Senate Bill 8 (SB 8), allows private citizens to sue anyone who knowingly "aids or abets" an abortion. This includes abortion providers, doctors, pharmacists, and pharmacies, as well as those who help fund an abortion, or drivers who provide transportation to a clinic. The law provides a minimum reward of $10,000 in damages to successful plaintiffs.

The law does not allow people who receive abortions to be sued. However, in practice, the threat of lawsuits has discouraged providers from performing abortions in the state.

In addition to facing lawsuits from private citizens, doctors who violate Texas' abortion laws may also face administrative penalties from the Texas Medical Board, including license revocation, suspension, or fines of up to $5,000.

The Texas abortion law has been challenged in court by abortion rights advocates, patients who have been denied abortions, and physicians. One notable case is Zurawski v. State of Texas, filed by the Center for Reproductive Rights on behalf of several women who were denied abortions and faced risks to their health, fertility, and lives as a result. The case sought to clarify the scope of the "medical emergency" exception under the state's abortion bans. While a Texas district judge initially ruled in favour of the plaintiffs, blocking the abortion bans as they apply to dangerous pregnancy complications, the Texas Supreme Court later refused to clarify the exceptions and rejected the claims of the plaintiffs.

Who can criminally prosecute under Texas abortion law?

Texas abortion laws are enforced by Texas district attorneys. However, not all district attorneys' offices are enforcing the laws, with some in cities like Dallas, Austin, and San Antonio refraining from prosecuting.

The Texas abortion law allows almost anyone to sue, and it has been designed so that the government cannot enforce or attempt to enforce it. This was a deliberate legal strategy to help the law withstand any court challenges to its constitutionality.

The law creates a criminal cause of action against doctors and anyone who aids a person in having an abortion. It does not, however, create a criminal cause of action against the person who had the abortion or the parents.

Who can sue under the Texas abortion law?

The Texas abortion law, known as Senate Bill 8 (SB8) or the Texas Heartbeat Act, allows any private citizen in Texas or elsewhere to sue anyone who performs an abortion in the state after the detection of an embryo's cardiac activity, which usually occurs around six weeks into gestation. This includes doctors who perform abortions and any individual who "aids or abets" the procedure. The law specifically exempts the woman receiving the abortion from being sued.

The law gives individuals the right to sue doctors who perform an abortion after the six-week mark, even if many women are unaware they are pregnant at this early stage. The American College of Obstetricians and Gynaecologists notes that at six weeks, a foetus does not yet have a heartbeat, but rather an "electronically induced" flickering of tissues that will become the heart.

The law has been criticised for its unusual enforcement mechanism, which allows individuals to file civil lawsuits rather than pursue criminal prosecution. This has created a situation where anyone can sue, and it is up to the courts to decide whether the defendant had the intent to aid someone in obtaining an abortion. This has caused uncertainty and made abortions harder to access in Texas.

The US Supreme Court has ruled that abortion providers can sue to challenge the law, but the law remains in effect. The Supreme Court's ruling specified that abortion providers can sue certain state officials, including executive directors of three state health boards (medical, nursing, and pharmacy) and the executive commissioner of the Texas Health and Human Services Commission. The court stated that these officials may take enforcement actions against abortion providers if they violate Texas' Health and Safety Code, which includes SB8.

The Texas abortion law has had a significant impact, with abortions in the state falling by about 50% and an increase in Texans seeking abortions in neighbouring states or requesting abortion pills online.

Can a rapist sue a victim if she aborts the pregnancy?

Texas has some of the strictest laws restricting access to abortion. In 2022, the state enacted a law that prohibits almost all abortions. While there are certain exceptions, such as when the life or health of the pregnant patient is at risk, abortions are largely banned. This has raised concerns and discussions about what the law means for those seeking abortions, particularly in cases of rape.

In response to these concerns, U.S. Rep. Alexandria Ocasio-Cortez, D-N.Y., tweeted in April 2022 that "In Texas, Republicans passed a law allowing rapists to sue their victims for getting an abortion." This claim, however, has been fact-checked and rated as false. While Texas law does allow for civil suits related to prohibited abortions, it specifically prohibits a rapist from suing their victim:

> "Notwithstanding any other law, a civil action under this section may not be brought by a person who impregnated the abortion patient through an act of rape, sexual assault, incest, or any other act prohibited by Sections 22.011, 22.021, or 25.02. Penal Code."

The law targets abortion providers and those who aid and abet someone in getting a prohibited abortion, rather than the person seeking the abortion. University of Houston law professor Seth Chandler clarified that while the defendant in an action under this law may need to prove that the plaintiff wasn't a rapist, it doesn't allow the rapist to sue.

Therefore, in Texas, a rapist cannot sue their victim if she aborts the pregnancy. However, it is important to note that the law still imposes significant restrictions on abortion access and allows for civil suits by individuals other than the rapist.

Can a legal sex partner sue under Texas abortion law?

Texas abortion law prohibits almost all abortions in the state. Under the law, a woman who has had an abortion cannot be prosecuted, but anyone who provided or aided in her abortion is open to criminal prosecution. The law does not require "legal standing", meaning almost anyone can sue another person for an injury or harm, without having to prove that they themselves were harmed.

The law criminalizes performing an abortion from the moment of fertilization unless the pregnant patient faces a life-threatening physical condition, or a serious risk of substantial impairment of a major bodily function, caused by, aggravated by, or arising from a pregnancy. The law does not make an exception for rape or incest. However, the perpetrator of rape, sexual assault, or incest cannot sue the victim or anyone who provided or assisted the victim in receiving an abortion.

A man who impregnated a woman through legal, consensual sex can sue anyone who provides or aids in the abortion. In one case, a man sued his ex-wife's friends for allegedly helping her get an abortion. He asked the court for $1 million in damages for their "criminal and murderous actions". The case was dropped before it went to trial, with no financial payment made to either party.

Texas abortion law allows civil suits related to prohibited abortions, with each violation subject to a civil penalty of at least $100,000, plus attorney's fees and court costs.

Frequently asked questions