Texas abortion law: $10,000 penalty could incentivize bounty hunters to make ‘tens of thousands of dollars’
A new Texas law confining abortions to a brief window around six weeks from conception is two things at the same time, critics say: extremely restrictive and extremely expansive.
“The defendant — whether a provider, funder, clergyperson, friend or family member — pays the damages which are set at a minimum of $10,000. If there are several defendants, they each pay $10,000 in damages,” Elizabeth Sepper, a professor specializing in health law and religious liberty at the University of Texas at Austin’s School of Law.
S.B. 8 took effect Sept. 1, as a 5-4 Supreme Court vote denied an emergency appeal to halt its start. The law says a physician cannot perform an abortion once a “fetal heartbeat” has been detected. The statute defines the “fetal heartbeat” as “cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.”
The ‘unprecedented’ right to sue The letter of the law is one thing, but enforcement is another. In S.B. 8, the terms and provisions are “enforced exclusively through the private civil actions,” according to the statute. When a plaintiff wins a case, they are entitled to damages of at least $10,000 for each abortion, plus legal costs.The language of S.B.
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