Our second and third posts explained the limited offensive actions available to providers ...

The Procedural Puzzles of SB8, Part IV: Test Cases for Defensive State-Court Litigation – Reason

Our second and third posts explained the limited offensive actions available to providers and advocates. This will likely require providers and advocates to raise their constitutional challenges to SB8 in a defensive posture in state court after being sued by a claimant for violating SB8. But providers so far have not performed or announced an intent to perform a prohibited post-fetal-heartbeat abortion that could trigger suit. SB8's civil action is available against any provider or advocate who (1) performs or induces a prohibited abortion, (2) aids or abets a prohibited abortion, or (3) intends to perform or aid a prohibited …

 

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