Date: September 05, 2021 02:07PM
Anonymous Muser Wrote:
> I'm sorry, but no. The law applies only to
> abortions performed within Texas. Out of state
> procedures are outside of the law's purview.
> Wealthy or middle-class white Texans can still get
> their abortions.
> There's still abortion via medication to consider.
> Texas is passing a law on that as well, but again
> the state can't do f**kall about what goes on
> outside its borders. Pills will still be available
> by mail.
> "Several Republican-led states have passed laws
> making it harder to access the pills and banning
> prescriptions through virtual health visits. Texas
> is considering similar restrictions, which could
> force women to get pills by mail for
> do-it-yourself abortions or other methods."
> There will be out of state doctors willing to
> prescribe and out of state pharmacies willing to
> dispense, all online. A thriving underground
> market will be created, and people will find other
> ways to circumvent the law.
> In the end, this law will prove to be similar to
> Prohibition, but even less effective, since it's
> not national. It will also turn a lot of
> pro-choicers and independents into single-issue
> voters, as Republicans have been for many years.
> Most Americans are going to be disgusted and
> appalled by the totalitarian tactics. It may take
> some time, but this law is going to have effects
> nationally what Prop 187 did in California.https://slate.com/news-and-politics/2021/09/texas-ban-abortion-fund-lawsuit.html
Does SB 8 prohibit Texas residents from traveling to another state to get an abortion?
SB 8’s text does not explicitly limit its scope to Texas. As a general constitutional principle, however, one state cannot regulate the medical practice of another’s. So the bill’s restrictions on abortion almost certainly apply only within Texas’ borders. The tougher question is whether the bill’s restrictions on “aiding or abetting” an abortion could apply even if the procedure occurred out-of-state. For instance, if you drove a friend from Texas to New Mexico to terminate a pregnancy, could you be sued in Texas for “aiding or abetting” her abortion?
Probably not, though the answer is unclear. SB 8 bars “aiding or abetting” an abortion that’s performed “in violation of” Texas law. Again, an abortion performed in New Mexico does not violate SB 8, which seems to regulate the practice of medicine within Texas. Helping a Texas resident travel elsewhere to terminate a pregnancy thus appears unlikely to fall under the law. But the text is ambiguous enough that an aggressive anti-abortion advocate could certainly file a lawsuit attempting to punish such behavior. And the onus would fall on the “abettor” to prove that their conduct falls outside SB 8.
If someone “aids or abets” an abortion in Texas but lives in another state, can Texas punish them? For example, say you live in New York but donate to an abortion fund that pays for procedures that violate SB 8. Can you be sued?
The text of the bill does not limit its geographic scope in this regard, so the answer may well be yes, at least in theory. Giving money for the specific purpose of “aiding or abetting” a Texas abortion likely establishes the minimum contacts necessary for a Texas court to assert jurisdiction over an out-of-state resident.