TX Anti-Abortion Law

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Re: TX Anti-Abortion Law

#126

Post 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
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Re: TX Anti-Abortion Law

#127

Post 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 :?:
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Re: TX Anti-Abortion Law

#128

Post 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:
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Re: TX Anti-Abortion Law

#129

Post 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.
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Re: TX Anti-Abortion Law

#130

Post by Slim Cognito »

so where does RtL appeal, and what does that court look like?
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Re: TX Anti-Abortion Law

#131

Post 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?
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Re: TX Anti-Abortion Law

#132

Post 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.
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Re: TX Anti-Abortion Law

#133

Post 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?
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Re: TX Anti-Abortion Law

#134

Post 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.
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Re: TX Anti-Abortion Law

#135

Post 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.
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Re: TX Anti-Abortion Law

#136

Post 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!
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Re: TX Anti-Abortion Law

#137

Post 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?
What's the Frequency, Kenneth?
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Re: TX Anti-Abortion Law

#138

Post 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.)
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Re: TX Anti-Abortion Law

#139

Post 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.
Tim Walz’ Golden Rule: Mind your own damn business!
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Re: TX Anti-Abortion Law

#140

Post 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!
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Re: TX Anti-Abortion Law

#141

Post 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.
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Re: TX Anti-Abortion Law

#142

Post by Volkonski »

“If everyone fought for their own convictions there would be no war.” ― Leo Tolstoy, War and Peace
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Re: TX Anti-Abortion Law

#143

Post by Slim Cognito »

I'm in. Mask and all. I have my protest sign idea ready to go.
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(and the Halloween stores are opening. I can't wait to put this together.)
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Re: TX Anti-Abortion Law

#144

Post by Uninformed »

If you can't lie to yourself, who can you lie to?
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Re: TX Anti-Abortion Law

#145

Post 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.
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Re: TX Anti-Abortion Law

#146

Post by Kendra »


The Republican Party: Unregulated militias and highly regulated uteruses.
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Re: TX Anti-Abortion Law

#147

Post 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.
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Re: TX Anti-Abortion Law

#148

Post by AndyinPA »

"Choose your leaders with wisdom and forethought. To be led by a coward is to be controlled by all that the coward fears… To be led by a liar is to ask to be told lies." -Octavia E. Butler
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Re: TX Anti-Abortion Law

#149

Post by Estiveo »

From the Twitter machine:
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Re: TX Anti-Abortion Law

#150

Post by sugar magnolia »

AndyinPA wrote: Sat Sep 04, 2021 10:18 pm Things change fast.



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