VIGILANTE SCHEME

Federal Judge Says Texas Abortion Ban Is ‘Very Unusual’

Private citizens can sue people for partaking, paying for, or even providing a ride to an abortion clinic.

A federal judge adjudicating the Justice Department’s lawsuit against the state of Texas’ abortion ban questioned the state’s attorneys about the “very unusual” design of the law. The extremely restrictive law allows private citizens to sue anyone who aids or abets an abortion, essentially creating a vigilante scheme where even providing a ride to an abortion clinic can be a violation of the law. In a Friday hearing, U.S. District Judge Robert Pitman asked: “If the state is so confident in the constitutionality of the limitations on a woman’s access to abortion, then why did it go to such great lengths to create this very unusual [private enforcement mechanism] rather than just simply do it directly?” He did not signal how he would rule on the Biden administration’s request for the law to be blocked but he said he would give the issue “careful consideration.”