A Texas judge ruled from the bench on December 8, 2022, that a plaintiff lacked standing to sue a doctor who provided abortion care in violation of the Texas Heartbeat Act, also known as Senate Bill 8, even though the statute created a cause of action which members of the public may enforce. The plaintiff's lawsuit invoked the public enforcement provision of S.B. 8, which allows individual members of the public to sue and recover from abortion providers who provide abortive care more than six weeks after conception. The defendant, Dr. Alan Braid, had authored a Washington Post op-ed admitting to providing an abortion in violation of S.B. 8. Yet last week, Judge Haas of Texas' Bexar County District Court ruled that the Texas Constitution precludes the lawsuit because the plaintiff was not injured by the abortion and therefore lacked standing to sue. Judge Haas is expected to issue a written ruling further detailing the legal analysis applicable to the case. If other courts agree that the state constitution requires plaintiffs to have more than the statutory cause of action created by S.B. 8 to sue to enforce Texas' abortion laws, the enforcement provision would effectively be toothless.
As new developments arise, we will continue to update our Dobbs Decision Resource Center. In the meantime, please contact one of the lawyers in Shipman's Health Law practice group if you have questions about this ever-changing legal landscape.
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