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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.

The Texas Heartbeat Act, S.B. 8, 2021-2022, was signed into law on May 19, 2021, and took effect on September 1, 2021. It generally prohibits abortions after a fetal heartbeat is detectable, and authorized uninvolved private parties to seek injunctions, statutory damages, and legal fees against those who perform such abortions.

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What kind of civil action is created by the Texas Heartbeat Act?

Section 171.208 of the Texas Heartbeat Act of 2021 allows "[a]ny person, other than an officer or employee of a state or local governmental entity in this state" to "bring a civil action against any person" performing or aiding and abetting an…
Robert Columbia
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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?
Acccumulation
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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 "civil liability". Does that mean the claim needs to be…
FrederikVds
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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?
Acccumulation
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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 ProLifeWhistleblower.com website, arguing that SB8 is an…
Paul Johnson
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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 & defendant in multiple counties (by various…
Looking for loopholes
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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 have standing to assert the rights of women…
Looking for loopholes
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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, which could potentially include a driver who unknowingly…
gatorback
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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 the copyright, even if there is an infringement…
sharoz
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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 constitutional restrictions on banning…
Simd
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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 direct involvement. Can state governments do…
Michael
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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 infrastructure to the clinics Suppliers of medical…
armitage
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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 providers didn't properly address "complex and novel…
Ameet Sharma
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How many times can Jane be sued for $10,000 for helping women in Texas get an abortion?

Suppose that Jane lives in Illinois, and she provides help to 30 women in Texas in obtaining abortions. Now suppose that 20 people in various states sue her under Texas law, which says that you can be sued for $10,000 for doing this. Can each person…
user43264
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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 or judgements under this law. Would the undue…
Jim Grisham
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