Imagine your ex-husband aligns himself with some of the most powerful opponents of reproductive rights in the country in order to punish you.
all declare that self-managed abortion is not a criminal act and cannot be punished as one. So even if Doe’s fetus “died,” for purposes of Texas law, its death was not “wrongful,” so no one can be held liable for abetting it. As Joanna Grossman, a visiting professor at Stanford Law School, told Slate: “If there’s no wrongful death, then there’s no wrongful death liability.”“Jonathan Mitchell knows he’s not going to win this case,” Grossman said. “It’s all smoke and mirrors.
One aim is certainly to set a precedent that helps isolate pregnant people through terror and surveillance. The fear of winding up ensnared in a multi-million dollar lawsuit that ruins the lives of one’s closest friends is certainly a good motivator. Mitchell, Cain, and the Thomas More lawyers want all pregnant Texans to understand that they are being watched —in this case, by a vindictive ex—and will be reported to the state if they seek to terminate a pregnancy.
That, of course, was the goal of S.B. 8, which empowered random strangers to sue anyone who dared to “aid or abet” a clinical abortion. Now Mitchell is broadening his dragnet to include medication abortions, placing a bounty on the head of anyone who helps a pregnant person obtain these pills.The suit doesn’t just threaten the women with legal action.
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