Signaling a new strategy for anti-abortion groups, a Texas man has taken legal action against his ex-girlfriend for allegedly having an out-of-state abortion. Texas strictly prohibits abortion.
Juana Summers, host:
Since Roe v. Wade was overturned in 2022, abortion has been almost completely banned in Texas, forcing many women to travel out of state to seek abortions. Interstate travel is now a target of the anti-abortion movement. In Texas, a man is trying new legal action against his ex-girlfriend for allegedly seeking an abortion in a state where abortion is legal. Olivia Aldridge of member station KUT reports.
OLIVIA ALDRIDGE, BYLINE: In a legal filing in March, a Texas man named Colin Davis claimed that his ex-girlfriend had an abortion in Colorado. His lawyer, prominent anti-abortion lawyer Jonathan Mitchell, filed a type of legal petition used in Texas to obtain information that could be used in future lawsuits. NPR has reviewed the petition and is honoring the anonymity requests of the individuals named in the submission. They are concerned about privacy, personal information leaks, and other safety issues.
The petition asks a state district court to allow Davis' ex-partner and others it says may have helped Davis perform abortions outside Colorado. Mitchell wrote in his petition that any findings could be considered in future litigation under a Texas law he helped develop. The law allows citizens to sue those they believe commit, cite, aid and abet abortions. Mitchell wrote that his client was also considering a lawsuit under Texas' wrongful death law.
Molly Duane: Everything they did, or allegedly did, was completely legal.
ALDRIGE: That's Molly Duane, an attorney with the Center for Reproductive Rights, who is representing the individuals Mitchell is trying to oust. She says it's perfectly legal to travel outside of Texas to get an abortion or to help someone else get an abortion in a state where abortion isn't banned, such as Colorado.
Duane: The fearmongering, the confusion that filings like this cause, that's the problem.
ALDRIDGE: Anti-abortion lawyer Jonathan Mitchell disputes that. He said in a statement to NPR that Texas can sue “for wrongful death in states where abortion is prohibited, even if the abortion was performed outside the state.” Although some Texas counties have passed ordinances restricting travel on local roads for abortions, women still have the right to abortions in states where the procedure is legal. According to a recent report in the Texas Tribune, Mitchell will use Texas' pre-litigation discovery process to obtain depositions from individuals, abortion providers and entities funding the procedure. This is not the first time this has happened. But so far, none of these petitions have resulted in depositions. David Knoll, a professor of civil procedure at Rutgers University School of Law, said he thinks the petition is unlikely to gain traction.
DAVID KNOLL: Most courts, even in Texas, will ultimately dismiss this case. But that doesn't mean these petitions are ineffective.
Aldridge: It's a chilling effect. He said they were aimed at sowing confusion and anxiety among the general public.
Knoll: It's easy to see how that would happen. This can be a very scary event, right? It's like a legal proceeding. You face the possibility of being forced to appear for a deposition in front of a lawyer who is calling you your murderer.
Aldridge: Studies show that many women in Texas are confused about abortion rights. A 2023 study by ReSound Research for Reproductive Health found that nearly a quarter of women in Texas incorrectly believe a law has been passed banning out-of-state travel for abortions. There was found.
Other states have also taken legal action to block abortion-related travel. In Idaho, a law that prohibits adults from helping minors leave the state for proceedings without parental consent is currently being blocked by a court. Tennessee is considering similar legislation. Molly Duane said she hopes to see more such efforts.
Duane: They always start in the minors, but they never end there. I am convinced that this is the beginning, not the end. And when it comes to future plans for anti-abortion groups, this is just one piece of the puzzle.
ALDRIGE: David Knoll of Rutgers Law says there is little case law on these issues. So the extent to which states can impose laws across their borders will be determined by the courts.
Knoll: It will be years before these issues are litigated and we get definitive answers to these questions from the Texas Supreme Court and ultimately the U.S. Supreme Court.
ALDRIDGE: Until then, he says there is room for petitions like this one in Texas, which is perceived as a gray area. For NPR News, I'm Olivia Aldridge in Austin.
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