Man in Texas seeks court order for investigation of woman's abortion outside the state.
In March, Collin Davis, a Brazos County resident, filed a legal plea mentioning that on February 20, the day after he found out the woman he was dating intended to have an abortion, he hired a lawyer. He sent her a letter demanding she keep every record related to her decision to terminate the pregnancy. His petition states that he would sue anyone involved in "killing his unborn child," as per the Texas wrongful-death statute.
Davis' petition claims that the letter's objective was to determine whether a violation of the Texas wrongful-death statute had occurred. It also referred to a Texas civil code, stating that an unborn child is an individual "from fertilization until birth." Additionally, it mentioned the Texas civil enforcement six-week abortion ban, known as SB 8.
Davis' legal representative sought to keep her identity hidden, as reported by CNN. They began dating in November 2022 and found out about her pregnancy in January, according to the petition. This case is referenced by abortion rights supporters who fear that strict abortion laws could bait women into abortions even in states where the procedure is legal.
The Texas law, passed in 2021, targets health care providers and those involved in facilitating abortions, not the women who undergo the procedure. However, uncertainty surrounding restrictions in a post-Roe America makes it terrifying for women considering abortions.
Davis is seeking a deposition to acquire details about individuals involved in the abortion, like the doctor who performed it in Colorado. According to the document, he may sue everyone involved, as mentioned in the petition.
Davis is represented by Jonathan Mitchell, a highly regarded lawyer and abortion opponents' go-to attorney. He helped draft SB 8, a law that forbids late-term abortions through a unique civil enforcement system. Davis refers to this law in his petition for the deposition.
Davis hasn't responded to CNN's request for a comment.
Mitchell stated, "Fathers of aborted fetuses can file wrongful-death suits in states with abortion bans, even if the abortion happens out-of-state. They can sue anyone who paid for the abortion, anyone who aided or abetted the trip, and anyone involved in providing abortion drugs."
Supporters Wary of Legal Maneuvers
This incident is considered by some abortion rights activists an illustration of the new challenges for individuals seeking abortions, even in "legal" jurisdictions.
"We don't see a basis for this [lawsuit]," Marc Hearron, an attorney at the Center for Reproductive Rights who's representing the woman, said. "It is perfectly legal to leave Texas or any state and get an abortion where it is legal. And it is legal to assist someone or be involved in someone having an abortion if it is permitted by law."
Nancy Northup, the Center for Reproductive Rights president & CEO, stated that the Supreme Court's decision to revoke Roe v. Wade in Dobbs v. Jackson Women's Health Organization "opened the door to this type of alarming harassment between citizens."
In June 2022, Mitchell appeared in another legal case, representing a man suing three acquaintances allegedly involved in ending his ex-wife's pregnancy using abortion pills. This case remains unresolved.
It's uncertain whether Davis' petition could lead to a lawsuit against the woman, according to Drexel University Law Professor David Cohen.
"I definitely don't think there's justification [for a lawsuit]. But we can't confidently predict what Texas courts will assert at any given level now," he said.
Other Republican-led states have attempted to deter women from seeking abortions outside their state borders, primarily minors. Idaho's legislature passed a law last year blocking adults from aiding minors in leaving the state for an abortion without parental consent. Meanwhile, Tennessee's legislature is currently backing a law that would make "abortion trafficking" for minors in the state a crime.
"This is a part of a scare strategy to make individuals scared that if they go out of state and get an abortion, their loved ones might be pursued with lawsuits," Hearron said. "We want to stress that people shouldn't be intimidated."
Temple University Beasley School of Law Dean Rachel Rebouché found Davis' legal move "strange and unnerving" but not unexpected.
"I believe we'll see more of this in the coming years as long as Dobbs remains in effect," she told CNN. "In fact, this is the perfect example we should highlight when debating when the Supreme Court should change their stance on Dobbs."
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Source: edition.cnn.com
