A Dallas attorney has filed a lawsuit to stop the Texas Heartbeat Bill from becoming law
The bill would entitle any person to sue anyone connected to any abortion in Texas done once a fetal heartbeat can be detected. This would include patients, doctors, staff, and even lawyers.
Attorney Michelle Simpson Tuegel is the plaintiff and describes herself as a victim and women's rights attorney and advocate. She says SB 8 is different from a number of other heartbeat bills that have been found unconstitutional in other states based on the restrictions. "What is different about SB8 in Texas is that this bill is enforced not through public officials but by deputizing private citizens to file civil lawsuits to attempt to enforce the law."
The suit, in a Dallas district court, has been filed against the Governor and several lawmakers. She is also seeking a temporary restraining order to try to block the bill's enforcement. The suit is not aimed at the abortion restrictions themselves. "This case is really about a number of other constitutional rights and rights that sacred to the American system of justice as far as the attorney's role to give legal advice to people who are in vulnerable positions, free of any interference."
She says the bill is broad and does not exclude attorneys. And adds her practice is based on representing sexual abuse and assault victims. "I get calls every year from women and girls who are trying to figure out their legal options. And sadly sometimes pregnancy and the decision of whether or not they will make the choice to terminate that pregnancy comes up, and in connection in this bill and this law, how broadly it has been written, exposes me to liability if I simply give that legal advice and it is interpreted as aiding a woman in violation of SB 8."
Simpson Tuegel says she continues to give that legal advice and says attorneys should be able to provide advice to their clients. "There is really no more vulnerable group than young victims who have been sexually violated and who need to figure out what their legal options are, and we believe this law invades that."
She says the bill goes against the freedom to do her job and the right to work and her freedom of speech. "A big piece of this is a more common-sense issue, which is attorneys have to have confidential conversations with clients. The way this bill is drafted potentially exposes an attorney like me to be forced to reveal those communications if someone sues me."
The law makes no exemptions for rape or incest. It is set to take effect on September 1st.
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