Drudge Retort: The Other Side of the News

Drudge Retort

User Info

truthhurts

Subscribe to truthhurts's blog Subscribe

Menu

Special Features

Comments

From Reddit

TLDR: There is no downside to suing the Texas politicians that passed this law for aiding and abetting abortions. The politicians passed budgets that funded hospitals or clinics that now perform abortions. The law prohibits defendants from getting any attorneys fees or costs. So, other than filing fees, there is no downside to suing the individual politicians.

LONG VERSION:

Here is what the relevant provision of the law says:

Sec. 171.208. CIVIL LIABILITY FOR VIOLATION OR AIDING OR ABETTING VIOLATION. (a) Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who: (1) performs or induces an abortion in violation of this chapter; (2) knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise, if the abortion is performed or induced in violation of this chapter, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this chapter; or (3) intends to engage in the conduct described by Subdivision (1) or (2). (b) If a claimant prevails in an action brought under this section, the court shall award: (1) injunctive relief sufficient to prevent the defendant from violating this chapter or engaging in acts that aid or abet violations of this chapter; (2) statutory damages in an amount of not less than $10,000 for each abortion that the defendant performed or induced in violation of this chapter, and for each abortion performed or induced in violation of this chapter that the defendant aided or abetted; and (3) costs and attorney's fees.

(i) Notwithstanding any other law, a court may not award costs or attorney's fees under the Texas Rules of Civil Procedure or any other rule adopted by the supreme court under Section 22.004, Government Code, to a defendant in an action brought under this section.

The key phrase is "knowingly engages in conduct that aids or abets the performance or inducement of an abortion . . . regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this chapter."

Logically, if the politician knowingly voted for a medical funding bill, then even though the politician did not know that it might cover ANY aspect of an abortion, the politician still violates the law.

And there is no liability for the person suing the politician.

Drudge Retort
 

Home | Breaking News | Comments | User Blogs | Stats | Back Page | RSS Feed | RSS Spec | DMCA Compliance | Privacy | Copyright 2021 World Readable