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In reply to the discussion: Texas Woman Charged With Murder for 'Illegal Abortion' [View all]Moosepoop
(1,920 posts)Wasn't that supposed to be why the law couldn't be challenged, even though it went against Roe's constitutional right to an abortion in the first trimester?
It was supposed to only subject the provider of an abortion (or anyone who "aids & abets" the woman in obtaining it), to lawsuits. The woman herself is not subject to the lawsuits, just the providers, aiders, and abetters. The person(s) filing the lawsuits could get the $10,000 bounties.
But there was to be NO actual law enforcement, arrests, or charges, only the civil suits. That's the whole point -- there is no criminal element to the law, therefore no means to challenge the constitutionality of it.
All I can figure is, either the Sheriff's Office and/or the Prosecutor's Office really screwed the pooch on this one, or the lady was so far along in her pregnancy that she fell outside the protection of Roe (which is still valid as of the moment).
Or I'm missing something.