Split opinions over the three women sued for wrongful death following abortion
AUSTIN, Texas — Three Texas women are being sued by a Galveston County man for allegedly supplying abortion-inducing medication to the plaintiff’s ex-wife. A first-of-its-kind lawsuit, first obtained by the Texas Tribune, shows the women are facing legal action for wrongful death and conspiracy by helping the woman access abortion pills. Advocacy groups are weighing in on the 12-page court document becoming public.
The plaintiff is a Texas man, Marcus Silva. Silva is seeking more than $1 million in damages from the three women, who are alleged to have helped his ex-wife obtain the pills. The plaintiff is also seeking an injunction that prevents the women from distributing abortion pills.
The first line of the complaint reads: Under the law of Texas, a person who assists a pregnant woman in obtaining a self-managed abortion has committed the crime of murder.
The court filing alleges that in July, Silva’s then-wife concealed her pregnancy and had multiple text exchanges between the women related to obtaining the pills.
Joe Pojman with Texas Alliance for Life says that this legal action could serve as an example later on.
“I hope the unborn children's lives are not taken but if they are, this could be a really important example for someone,” said Pojman,
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“I’m hopeful this could mean justice for the unborn child, I’m hopeful that for father of the child could get some kind of compensation for it such that this would never ever happen again,” said Pojman.
Sunsara Taylor with RiseUp4AbortionRights.org calls the action a violation of women's fundamental rights.
She believes more prosecutions will follow.
“It’s always just been a matter of time. Christian fascist movements and I say that deliberately because not all Christians, and it is a fascist movement that has been spearheading the movement over decades to ban abortion, has always been clear that their intention is to take this right away from women in all circumstances,” said Taylor,
“I think that there's a lot of women who will be targeted.”
The lawsuit alleges that under Texas’ wrongful death statute, only Silva’s ex-wife is exempt from liability.
Here are statements related to the wrongful death suit:
Statement from Wendy Davis, Senior Advisor, Planned Parenthood Texas Votes:
We are outraged, but we are not surprised. It has been clear for years that anti-abortion extremists plan to use the judicial system as an instrument of fear and intimidation. This lawsuit is a direct result of the dangerous policies championed by Governor Greg Abbott and his supporters. It is state-sanctioned harassment and we will not stand for it. No one should face fear or the threat of prosecution when seeking reproductive health care.
Statement from state Rep. Briscoe Cain:
Briscoe Cain, an attorney for Mr. Silva and member of the Texas House of Representatives, warned that Texas law authorizes wrongful-death lawsuits for anyone who distributes or manufactures abortion pills used by Texas residents and that Mr. Silva’s legal team will sue the manufacturers of the abortion pills once they are identified in discovery.
Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion,” Cain said. “That includes CVS and Walgreens if their abortion pills find their way into our state.
Statement from Autumn Katz, Interim Director of US Litigation at the Center for Reproductive Rights:
This is an outrageous attempt to scare people from getting abortion care and intimidate those who support their friends, family, and community in their time of need. It comes just days after five Texas women came forward with their harrowing stories of being denied abortion care in the state despite facing incredibly severe threats to their health and lives, including the risk of death. The extremists behind this lawsuit are twisting the law and judicial system to threaten and harass people seeking essential care and those who help them. The reality is that the anti-abortion movement will come up with all kinds of ways to end access to abortion entirely.
