Page 6 of 15

Re: TX Anti-Abortion Law

Posted: Fri Sep 03, 2021 8:08 pm
by Flatpoint High
https://thehill.com/regulation/court-ba ... ting-new-6
The order from Judge Maya Guerra Gamble halts the anti-abortion group Texas Right to Life and its associates from suing abortion providers and workers at Planned Parenthood clinics under Texas’s highly restrictive new abortion law, S.B. 8.

“The Court finds that S.B. 8 creates a probable, irreparable, and imminent injury in the interim for which plaintiffs and their physicians, staff and patients throughout Texas have no adequate remedy at law if plaintiffs, their physicians, and staff are subjected to private enforcement lawsuits against them under S.B. 8,” Gamble wrote.

The ruling applies only to the parties in the lawsuit and does not invalidate the new law, which prohibits abortions after a fetal heartbeat is detected, which can occur as early as six weeks after a woman becomes pregnant.
And what is a "fetal heartbeat"?
from https://www.livescience.com/65501-fetal ... ained.html
But what exactly do we mean when we talk about a "fetal heartbeat" at six weeks of pregnancy? Although some people might picture a heart-shaped organ beating inside a fetus, this is not the case.

Rather, at six weeks of pregnancy, an ultrasound can detect "a little flutter in the area that will become the future heart of the baby," said Dr. Saima Aftab, medical director of the Fetal Care Center at Nicklaus Children's Hospital in Miami. This flutter happens because the group of cells that will become the future "pacemaker" of the heart gain the capacity to fire electrical signals, she said.

But the heart is far from fully formed at this stage, and the "beat" isn't audible; if doctors put a stethoscope up to a woman's belly this early on in her pregnancy, they would not hear a heartbeat, Aftab told Live Science. (What's more, it isn't until the eighth week of pregnancy that the baby is called a fetus; prior to that, it's still considered an embryo, according to the Cleveland Clinic.)
it's audible when an ultrasound is performed, according to the article

Re: TX Anti-Abortion Law

Posted: Fri Sep 03, 2021 8:21 pm
by RTH10260
Slim Cognito wrote: Fri Sep 03, 2021 5:25 pm Thanks! Of course, the women haters will Shirley find another site post haste.
Can they share with Parler :?:

Re: TX Anti-Abortion Law

Posted: Fri Sep 03, 2021 8:45 pm
by AndyinPA
I've been offline for a few days, so didn't follow this thread, but did follow it on the news. A few thoughts, which may not amount to much, even after reading all the comments here.

My first thought: Nazi Germany, spy on your neighbors; be rewarded for snitching.

I have a hard time believing this is legal. If the Texas legislature passed the law and Abbot signed it, why aren't they responsible in the end?

The cruelty is the point.

Time to add four justices to the Supreme Court.

This may really backfire on the GQP. I hope so.

:mad: :mad: :mad:

Re: TX Anti-Abortion Law

Posted: Fri Sep 03, 2021 11:05 pm
by AndyinPA
https://news.bloomberglaw.com/health-la ... um=lawdesk
Texas abortion providers won a temporary restraining order against Texas Right to Life and its associates Friday, blocking them from suing providers and health care workers at Planned Parenthood health centers in the state under a new law.

Planned Parenthood sued the anti-abortion group in state court to stop the group from enforcing Texas’ new six-week abortion ban.

Texas’ six-week law creates a “probable, irreparable, and imminent injury in the interim” for Planned Parenthood, its physicians, staff, and patients throughout Texas, Judge Maya Guerra Gamble of the Texas District Court for Travis County wrote in the temporary restraining order.

Providers would have no adequate legal remedy for that injury if they’re subjected to private enforcement lawsuits against them, Gamble said.

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 8:38 am
by Slim Cognito
so where does RtL appeal, and what does that court look like?

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 10:46 am
by bill_g
Mrs asked a good question: on what grounds do we have to sue someone for their abortion? How did their abortion harm us?

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 10:52 am
by bob
bill_g wrote: Sat Sep 04, 2021 10:46 am Mrs asked a good question: on what grounds do we have to sue someone for their abortion? How did their abortion harm us?
The law says we can, and has provided damages to incentivize suing.

A state court may eventually impute a harm requirement for those suing. "May" being operative.

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 11:11 am
by bill_g
bob wrote: Sat Sep 04, 2021 10:52 am
bill_g wrote: Sat Sep 04, 2021 10:46 am Mrs asked a good question: on what grounds do we have to sue someone for their abortion? How did their abortion harm us?
The law says we can, and has provided damages to incentivize suing.

A state court may eventually impute a harm requirement for those suing. "May" being operative.
Do I have to provide supporting evidence / findings / witnesses with my allegation?

If my case fails, does the defendant now have grounds to countersue for defamation?

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 11:13 am
by bill_g
PS - the back of my head recalls a time when Republicans were all about tort reform, capping awards, and stopping frivilous lawsuits.

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 11:15 am
by Slim Cognito
bill_g wrote: Sat Sep 04, 2021 11:13 am PS - the back of my head recalls a time when Republicans were all about tort reform, capping awards, and stopping frivilous lawsuits.
It seems so quaint now.

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 11:22 am
by bob
bill_g wrote: Sat Sep 04, 2021 11:11 amDo I have to provide supporting evidence / findings / witnesses with my allegation?
Yes. And you'll have a panoply of discovery tools to aid you.
If my case fails, does the defendant now have grounds to countersue for defamation?
Statements made during litigation are generally privileged, so unless you were reckless, probably not.

And welcome to Lawfare!

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 1:02 pm
by Greatgrey
bill_g wrote: Sat Sep 04, 2021 10:46 am Mrs asked a good question: on what grounds do we have to sue someone for their abortion? How did their abortion harm us?
How do you prove someone had an abortion without violating HIPAA?

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 1:17 pm
by bob
Greatgrey wrote: Sat Sep 04, 2021 1:02 pm
bill_g wrote: Sat Sep 04, 2021 10:46 am Mrs asked a good question: on what grounds do we have to sue someone for their abortion? How did their abortion harm us?
How do you prove someone had an abortion without violating HIPAA?
A medical provider has to comply with a court order. So if a court orders disclosure, there's no HIPAA violation.

If a party, however, sends a subpoena, the medical provider has hoops to jump through before disclosing. (The end result likely being ... a court order to disclose.)

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 1:25 pm
by MN-Skeptic
Greatgrey wrote: Sat Sep 04, 2021 1:02 pm
bill_g wrote: Sat Sep 04, 2021 10:46 am Mrs asked a good question: on what grounds do we have to sue someone for their abortion? How did their abortion harm us?
How do you prove someone had an abortion without violating HIPAA?
I could be wrong, but I don't think, under the law, that the accuser has to prove the event. It's up to the defendant to prove her innocence.

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 1:54 pm
by p0rtia
MN-Skeptic wrote: Sat Sep 04, 2021 1:25 pm
Greatgrey wrote: Sat Sep 04, 2021 1:02 pm
bill_g wrote: Sat Sep 04, 2021 10:46 am Mrs asked a good question: on what grounds do we have to sue someone for their abortion? How did their abortion harm us?
How do you prove someone had an abortion without violating HIPAA?
I could be wrong, but I don't think, under the law, that the accuser has to prove the event. It's up to the defendant to prove her innocence.
J'accuse!

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 1:58 pm
by pipistrelle
Too lazy to look it up but I believe it was in Texas where after pregnant woman died from an accident, the hospital kept her decaying corpse going as long as they could to keep the fetus alive, which in course of time died. I haven't gotten over how gruesome that sounded.

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 7:24 pm
by Volkonski

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 7:31 pm
by Slim Cognito
I'm in. Mask and all. I have my protest sign idea ready to go.
granddaughters.jpg
granddaughters.jpg (72.08 KiB) Viewed 1128 times
(and the Halloween stores are opening. I can't wait to put this together.)

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 7:53 pm
by Uninformed

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 7:56 pm
by SuzieC
Slim Cognito wrote: Sat Sep 04, 2021 7:31 pm I'm in. Mask and all. I have my protest sign idea ready to go.

granddaughters.jpg

(and the Halloween stores are opening. I can't wait to put this together.)
Love that sign. I'm in'

I marched in the streets in favor of reproductive rights 40 years ago in my 20s. Can't believe I still have to do it in my sixties.

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 7:58 pm
by Kendra

The Republican Party: Unregulated militias and highly regulated uteruses.

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 10:15 pm
by AndyinPA
https://www.thedailybeast.com/anti-abor ... s?ref=home
An online whistleblower portal created by an evangelical organization to punish anyone providing abortion services in Texas has reportedly found a new home alongside neo-Nazis and white supremacists after getting the boot Friday by hosting provider GoDaddy. Epik, a hosting provider that has in the past worked with other entities no one else would touch, has welcomed ProLifeWhistleblower.com to its client roster.

To facilitate enforcement of the law, Texas Right to Life set up a digital tip line that lets Texans file anonymous reports about suspected violations. When a user clicks on the site’s “Send an anonymous tip” button, a brief questionnaire appears asking for details. Users can also upload photos and video of any evidence that supports their claims. “We will not follow up with or contact YOU,” the site states.

GoDaddy had informed Texas Right to Life late Thursday that it would no longer be hosted, and to find another provider within 24 hours. After getting the boot from GoDaddy’s platform, ‘Epik’ welcomed ProLifeWhistleblower.com to its client roster, according to domain registration data cited by Ars Technica.

Epik’s CEO is a Dutch-American businessman in his 50s named Robert Monster—which is indeed his real name. In 2007, he found religion. One of Epik’s selling points was that it would work with anyone who could pay.
“I came to the deeply-researched conclusion that the God of the Bible is in fact the Creator of the Universe, and that the decision to accept the free gift of salvation through the Lord Jesus Christ is the path to eternal life,”

Re: TX Anti-Abortion Law

Posted: Sat Sep 04, 2021 10:18 pm
by AndyinPA

Re: TX Anti-Abortion Law

Posted: Sun Sep 05, 2021 12:20 am
by Estiveo
From the Twitter machine:
Estiveoshot_20210904_211910.jpg

Re: TX Anti-Abortion Law

Posted: Sun Sep 05, 2021 5:33 am
by sugar magnolia
AndyinPA wrote: Sat Sep 04, 2021 10:18 pm Things change fast.



https://pbs.twimg.com/media/E-e67ybXEAE ... name=small
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Couldn't happen to a nicer group.