Index

Texas SB 8 (Civil Abortion Enforcement)

Summary

Before Roe v. Wade was overturned, Texas passed SB 8, a unique law that banned abortion after 6 weeks by allowing private citizens to sue anyone who 'aided or abetted' an abortion, rather than using state police to enforce it.

Rights & Rules

  • 01.
    Any private citizen (even someone who doesn't live in Texas and has no connection to the patient) can file a civil lawsuit against a doctor who performs an abortion after a fetal heartbeat is detected.
  • 02.
    Citizens can also sue anyone who 'aids or abets' the abortion. This could include a nurse, a clinic worker, or even a friend who drives the patient to the clinic or helps pay for the procedure.
  • 03.
    The law explicitly forbids state officials (like the police or the Attorney General) from enforcing the ban; it relies 100% on these private citizen lawsuits.
  • 04.
    The pregnant woman herself CANNOT be sued under this law.

Penalties

  • 01.
    If the private citizen wins the lawsuit, the court MUST award them at least $10,000 in 'statutory damages' to be paid by the person who aided the abortion, plus attorney's fees.

Verified Citations

Texas Health and Safety Code Chapter 171.208

Source
"Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who... performs or induces an abortion in violation of this subchapter; or knowingly engages in conduct that aids or abets the performance or inducement of an abortion..."