SocraticGadfly: Abortion seeking help gets narrow win in Texas

February 27, 2023

Abortion seeking help gets narrow win in Texas

For right now, at least, Texas abortion funds cannot be criminally charged for assisting out-of-state abortions. (That said, how long before the nutbar Fifth Circuit overrules Robert Pitman?) It should be noted this is a narrow ruling on SB 8, the "let citizens sue them" law. Pitman said that, because SB 8 didn't mention extraterritoriality (and how could it?) it doesn't go beyond state lines. Pitman DID say that older Tex-ass laws about abortion COULD be used for such enforcement, though. That said, he did say this was "plausible (albeit unlikely)." And, he noted that the state's pre-Roe statutes have been repealed, anyway, Pitman said, which is the main reason AG Ken Paxton was dismissed from the suit.

A Reuters story has more about how this will play out in months ahead. One sidebar: It notes Pitman said the pre-Roe laws had been implicitly dismissed. That said, he cited a Fifth Circuit ruling to bolster that. Of course, like with the Supremes on Bush v Gore, it could say "don't quote us against ourselves."

Per Reason, at the Volokh Conspiracy, yet more. Pitman found SB8's would-be extension like this to states where abortion is legal raised First Amendment questions.

==

Related: Donna Howard has an in-depth conversation with the Observer about a whole set of related abortion access issues.

No comments: