Storm clouds roll in over the U.S. Supreme Court, following an abortion ruling by the Texas legislature, in Washington, U.S., September 1, 2021. REUTERS/Tom Brenner
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Sept 4 (Reuters) - Ever since the U.S. Supreme Court decided Roe v. Wade in 1973, abortion opponents have been trying to scale back or undo it. Texas state senator Bryan Hughes, a former personal injury lawyer and author of the “Heartbeat Act,” led a team in succeeding, at least for now, where so many others have failed.
As a social policy, the law, which imposes a near-total ban on abortions in Texas but leaves enforcement up to individual citizens, is deeply controversial. House speaker Nancy Pelosi on Thursday said it “delivers catastrophe to women in Texas.”
Still, some supporters stress that Hughes and the co-architects of the law, which included former Texas Solicitor General Jonathan Mitchell, deserve credit for what amounts to creative lawyering in drafting the measure, known as SB 8. These lawyers figured out how to apply qui tam statutes, which allow private citizens to pursue a lawsuit on behalf of the government, to receive an award in the abortion law context.
Hughes, 52, in an interview said the new law “is a very elegant use of...
Read Full Story: https://www.reuters.com/legal/government/crafty-lawyering-texas-abortion-bill-withstood-scotus-challenge-greene-2021-09-05/
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