News Texas lawmakers propose abortion pill bill that can’t be challenged in state courts
News Texas lawmakers propose abortion pill bill that can’t be challenged in state courts
May 20 2025, 8:25 PM
https://www.texastribune.org/2025/05/12/texas-abortion-pill-bill-state-court/
Quote:The bill contains many provisions legal experts say are likely unconstitutional, including one that says it can’t be challenged in state court.
Quote:Senate Bill 2880, which passed the Senate last week, allows anyone who manufactures, distributes, mails, prescribes or provides an abortion-inducing drug to be sued for up to $100,000. It expands the wrongful death statute to encourage family members, especially men who believe their partner had an abortion, to sue up to six years after the event, and empowers the Texas Attorney General to bring lawsuits on behalf of “unborn children of residents of this state.”
[...]
The bill as approved by the Senate contains many provisions that legal experts say might spark a lawsuit challenging it on constitutional grounds. But the bill also says it cannot be challenged in state court, an “outlandish, shocking” proposition, said Dallas attorney Charles Siegel.
“I’ve never seen anything like that in any statute of any kind, anywhere,” said Siegel, a partner at Waters, Kraus, Paul and Siegel. “It’s just crazy.”
The bill says no state judge has jurisdiction to rule on its constitutionality, and if they were to do it anyway, they can be personally sued for $100,000. The judge would waive their usual protections of governmental immunity and could not call on the Office of the Attorney General to defend them in court.
[...]
Sen. Nathan Johnson, a Dallas Democrat, called it a “flagrant, brazen transgression of the principle of separation of powers on which this country and state was founded.”
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The Texas Tribune, May 12 2025
https://www.texastribune.org/2025/05/12/texas-abortion-pill-bill-state-court/
Quote:The bill contains many provisions legal experts say are likely unconstitutional, including one that says it can’t be challenged in state court.
Quote:Senate Bill 2880, which passed the Senate last week, allows anyone who manufactures, distributes, mails, prescribes or provides an abortion-inducing drug to be sued for up to $100,000. It expands the wrongful death statute to encourage family members, especially men who believe their partner had an abortion, to sue up to six years after the event, and empowers the Texas Attorney General to bring lawsuits on behalf of “unborn children of residents of this state.”
[...]
The bill as approved by the Senate contains many provisions that legal experts say might spark a lawsuit challenging it on constitutional grounds. But the bill also says it cannot be challenged in state court, an “outlandish, shocking” proposition, said Dallas attorney Charles Siegel.
“I’ve never seen anything like that in any statute of any kind, anywhere,” said Siegel, a partner at Waters, Kraus, Paul and Siegel. “It’s just crazy.”
The bill says no state judge has jurisdiction to rule on its constitutionality, and if they were to do it anyway, they can be personally sued for $100,000. The judge would waive their usual protections of governmental immunity and could not call on the Office of the Attorney General to defend them in court.
[...]
Sen. Nathan Johnson, a Dallas Democrat, called it a “flagrant, brazen transgression of the principle of separation of powers on which this country and state was founded.”
Discussion on r/auntienetwork
Kozlik's regular member account. 🍀🐐
