It designed to maximize the legal threat surface for anyone connected to abortion while immunizing the law against the pre-enforcement review it would have been subject to had it been state-enforced.
It’s a study in how to design a law for maximum chilling effect when you know you have an ideologically supportive Supreme Court but one with enough respect for legal precedent that it is unlikely that they’d simply uphold a 6-week abortion ban.
(Viewed another way, its a study in how to conduct an overt, brazen conspiracy against rights and deprivation of rights under color of law and test whether the federal criminal laws against those mean anything.)
Absurd arguments both for and against standing are hardly new, and most don't have statutory authority behind them.
Narrowly crafting laws to avoid pre-enforcement review specifically to maximize the impact knowing that they will almost certainly be struck down as unconstitutional is, on the other hand, unusual, if perhaps not completely new (something similar may have been done before, but I am not aware of any examples.)
Not sure if it's been litigated.
Is a non-profit defending frogs meant to be self-evidently absurd?
Why would a special interest group be able to sue to protect frogs, but another wouldn't be able to sue to protect unborn babies?
And this Texas law gives statutory standing.
Does that mean that multiple people can sue a single person?
If the person proves that there was no abortion, who covers the legal fees?
Would it be possible to bait people into suing, get expensive lawyers and then provide proof that there was no abortion?
I suspect this will crash and burn not because it is insane, but because it's also a mess legally. But that will take time.
Yes, the bill enables thousands of suits to be filed, even if frivolous, against abortion providers.
> If the person proves that there was no abortion, who covers the legal fees?
The bill explicitly covers the fees of the person bringing the suit, but provides no means for the person being sued to recover legal costs.
The combination of these two facts means that operating a clinic that even is abortion adjacent will no longer be economically viable.
Fortunately, I don't live anywhere near Texas...
The abortion has this ugly side, the father has zero rights. This is why I cannot agree with any side, pro-abortionists are wrong in some points, pro-lifers are wrong in some points and there is no effort to make it right, from any side. Such laws are not making it right, they are just an abuse (or farce) of the judicial system.
i'm kind of puzzled by that extension of legal standing to everybody. I mean anybody who notices say a woman losing a bit of weight and that basically allows to file a suit, trigger discovery, and now the woman should prove that it was just a morning exercises?
It takes Neghbourhood Watch to new, medieval, heights so to speak.