Two Texas abortion advocacy groups are trying a new legal strategy to strike down the state’s restrictive abortion law, which has proven very difficult so far to challenge in court.
But in addition to seeking to depose the leaders of two abortion funds, the Thomas More Society and the America First Legal Foundation have been actively threatening the abortion funds with lawsuits on social media.
This makes it clear that the anti-abortion groups intend to bring lawsuits under the Texas abortion law, the new filings argue, and thus the groups can be sued proactively to stop them from doing so. If a federal judge agrees with some aspects of these arguments, they could grant an injunction, stopping the Thomas More Society and the America First Legal Foundation from bringing lawsuits against the two abortion funds. The lawsuit also seeks a declaration that the law is “unconstitutional, void, of no effect and therefore not usable” — by anyone.
Since the U.S. Supreme Court decided Roe v. Wade in 1973, states have been consistently blocked from passing abortion bans before viability, usually around 24 weeks of pregnancy. Those challenges have been brought by abortion providers and patients, citing their constitutional protections under Roe v. Wade.
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