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that the state's pre-Roe statutes have been repealed, anyway, Pitman said, which is the main reason AG Ken Paxton was dismissed from the suit.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.
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Related: Donna Howard has an in-depth conversation with the Observer about a whole set of related abortion access issues.
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