Letters warning of felony charges for firms who offer funds could set up a showdown over constitutional rights
Republican lawmakers have sent legal threats to Texas organizations that offer to fund out-of-state travel for abortions, potentially setting up a showdown between abortion law and long-held constitutional rights such as freedom of association and freedom of travel.
The Texas Freedom Caucus, a conservative faction of Republicans in the state legislature, sent a letter on 7 July to a law firm that offered to cover employees’ expenses if they travelled for abortion. It threatened Sidley LLP with felony charges, claiming Texas can criminalize anyone who “furnishes the means” for an abortion, regardless of where the abortion occurs. The letter cites a 1925 law which was not formally repealed after the supreme court codified the right to abortion in Roe v Wade in 1973; last week, the Texas supreme court confirmed the 1925 law can be applied.
The lawmakers also outlined proposed legislation that would allow individuals to sue anyone who financially assists with a Texan’s abortion, regardless of where the abortion occurs. The law proposes that such assistance be considered criminal even if a Texan travelled out of state for a medication abortion and took part of the drug in Texas.
Texas already allows individuals to bring civil cases on abortion, potentially costing defendants tens of thousands of dollars; the proposed new legislation would build on it, making defendants...
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