DALLAS () Texas Republicans are pushing a new bill targeting abortion pills they say would be nearly impossible to overturn.
Senate Bill 2880, which passed in the Senate last week, allows individuals to sue anyone who manufactures, distributes, mails, prescribes or provides abortion-inducing drugs, with potential penalties of up to $100,000. It also expands the state’s wrongful death statute.
Supporters of the legislation say it’s intended to stop the largely unregulated influx of abortion pills into Texas since the state banned abortion. But critics argue the bill’s shield from legal challenges is unconstitutional and warn it could establish a troubling precedent extending well beyond abortion rights.
“This is a flagrant, brazen transgression of the principles of the separation of powers on which this country and state were founded,” said state Sen. Nathan Johnson, D-Dallas.
Republicans see it differently. “No, sir. We make the rules, we set the jurisdiction,” said state Sen. Bryan Hughes, R-Mineola.
Abortion pills bill sparks debate on constitutionality
The debate over jurisdiction is precisely where the bill becomes more controversial.
Most notably, the bill says state judges would have no jurisdiction to rule on the constitutionality of the law. If a judge does attempt to weigh in, they could be personally sued for the same $100,000.
In essence, by ruling on the law, the judge would waive his or her governmental immunity.
Some attorneys find it baffling to pass legislation that could be unconstitutional and then make it difficult for the courts to declare it so.
“It’s shocking on all levels,” said legal analyst Mercedes Colwin. “There are three branches of government, and basically, what the legislators are saying is that the judicial branch of government is nonexistent, with respect to this law.”
Attorneys say such a move could set a dangerous precedent. It also raises questions about whether other states would recognize such a law.
Several Democratic states have shield laws in place to protect against such repercussions.
