A few factors are contributing to the lack of lawsuits under Texas' new anti-abortion law so far.
and not performing abortions when patients are past six weeks of pregnancy ― something that even Texas Right to Life admits is true.
“We’re not going to start filing cases ourselves or encouraging others to file cases until there’s evidence that the law is being violated. And we don’t have that evidence at this point,” said John Seago, legislative director of Texas Right to Life. Texas Right to Life is taking the lead in Texas’ process of building up a network of lawyers to take potential cases and claimants. The group set up a website to collect online tips of potential S.B. 8 violations, but it wasSeago said the group has hundreds of lawyers in its network who can be tapped to take on S.B. 8 cases if needed.But Texas Right to Life can’t necessarily control who brings a case forward since any private citizen is allowed to do so under the Texas law.
Still, Seago said, there is an effort to manage the process, recognizing that there will be extra scrutiny in the implementation of S.B. 8. “Honestly, there is a concern that the first few cases, if they’re necessary ... then there is a potential that they’ll get the most attention, and if they’re mishandled or if they end up not having the right evidence, that it could, although not have a legally binding precedent ― could kind of set the tone for future cases and what judges look at,” Seago said.
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