Questions tagged [texas-sb8]

Questions regarding the Texas Heartbeat Act, S.B. 8, 2021-22, which restricts abortions and creates a private right of action.

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6
votes
1answer
207 views

What standard of evidence is used in suits related to Texas SB8?

If someone sues another person over a claimed infringement of Texas' new professedly anti-abortion bill, what standard of evidence is used? The bill itself calls its enforcement provision a "...
4
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1answer
177 views

Under Texas SB.8 can physicians immunize themselves by paying damages to the person of their choice?

If a physician performs an abortion in Texas, then immediately makes a payment of $10k to the person of their choice for violating SB8, are they immune to further damages under the bill?
4
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2answers
211 views

Does double jeopardy apply to the Texas abortion bill?

Suppose Alice performs an abortion, and Bob files a suit based on Texas SB8. Can Charlie also file a suit against her? Could a million people file suits asking for $10k each?
4
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0answers
71 views

Could a declaratory judgement be used to nullify the Texas abortion law?

Could TX SB8 (the controversial abortion law) be nullified by a declaratory judgement? Suppose a would-be abortion provider were to file suit against Texas Right To Life, who are running the ...
3
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1answer
188 views

Can the Texas Senate Bill model be used for gun control too?

Texas Senate Bill 8 takes a legally imaginative route to allow citizens to sue people involved in abortions after week 6 (that is 6 weeks from the most recent period of the woman). This avoids the ...
3
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2answers
126 views

Are there other laws that are (1) enforced only by the general public and (2) enforceable by someone not directly involved?

Typically you need some sort of standing like demonstrating potential damages for a court to listen to any request for action. For example, I can't bring a copyright suit for work where I do not own ...
3
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3answers
148 views

Texas: Standing

Citizens can sue abortion providers for alleged violations, and plaintiffs will receive $10,000 from the accused if successful. The law also impacts anyone who "aids or abets" an abortion, ...
3
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2answers
142 views

Can a state governments outsource actions that are illegal for the state government to perform?

There is some history behind oppression by proxy: both Nazis and Communists sponsored pro-government militias that committed violence on the respective governments' behest while the governments denied ...
3
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0answers
58 views

What would happen under Texas civil procedure law if multiple claimants file against the same defendant for the same SB.8. incident?

According to provision 171.210 of SB.8, Texas residents may sue the defendant in the plaintiff's county of residence. So what would the procedure be if multiple suits are filed for the same incident &...
2
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3answers
187 views

Supreme Court of US, Roe v. Wade

Really confused by this Supreme Court decision: https://www.npr.org/2021/09/02/1033048958/supreme-court-upholds-new-texas-abortion-law-for-now Quote from the article. "It said the abortion ...
1
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1answer
94 views

Texas Abortion Law - Are Utilities, Licensing Bodies and Local Government subject to liability under the law

Under the new Texas Abortion Law would the following be liable for a $10,000 fine Utility Companies such as Power, Phone Broadband providing power to the clinics Local Government for providing ...
1
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1answer
65 views

Would a S.B.8-style law that were to enforce a vaccine mandate be in the same constitutional bucket (as S.B.8)?

The Atlantic suggests this analogy-of-sorts regarding Texas' recent S.B.8 law, limiting abortions by allowing private citizens to sue providers to enforce the law's mandate: Imagine if Massachusetts ...
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0answers
75 views

Is it constitutional for a state law to effectively mandate that a provision cannot be overruled by a federal court except the Supreme Court?

The Texas SB.8 law has this is obscure provision: Sec. 171.209. CIVIL LIABILITY: UNDUE BURDEN DEFENSE LIMITATIONS. (a) A defendant against whom an action is brought under Section 171.208 does not ...
0
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1answer
40 views

Texas SB8 Consequences

ABC news reports: The Supreme Court will take up the Texas abortion law on the merits next month in a rare highly-expedited case that could definitively resolve the fate of its six-week ban and ...
0
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1answer
85 views

May one have an affirmative defense to the ‘Texas Heartbeat Act’, SB8, if they require reimbursement from the patient for any statutory damages?

Example: A provider (and/or others, such as an insurance company or Uber driver) requires a patient seeking a potential abortion to sign a contract agreeing to reimburse them for any potential costs ...
-1
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1answer
103 views

Why can't the Supreme court overturn Texas abortion law if abortion during the first semester is a constitutional right?

Texas designed its law in a unique way to allow abortions to be banned without a court intervening, by authorizing any private citizen to sue doctors and clinics who perform abortions on women more ...
-2
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1answer
91 views

Could the Texas Heartbeat Law (S.B. 8) be used by a mother who had an abortion and then changed her mind?

Thinking about the risks imposed by Texas Heartbeat Law, it occurred to me that a potential plaintiff with the very highest chance of winning a case would be the mother herself if she later regrets he ...
-3
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4answers
131 views

Does Texas S.B. 8 actually "ban abortion"? [closed]

Note: I voted to close my own question. I agree, the way I asked it was too opinion-based. I've not read the Texas statute exhaustively, but as far I understand, it is not a criminal statute. ...