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Texas Supreme Court Weighs Legal Future of 'Bounty Hunter' Abortion Law

Source: Politics – Houston Public Media4 min read

Key Takeaways

  • Texas SB 8 allows private citizens to sue those who 'aid or abet' an abortion after six weeks, a novel enforcement mechanism.
  • The core legal question before the Texas Supreme Court is whether a challenge to SB 8 has a valid path forward in the courts.
  • The Texas Citizens Participation Act (TCPA), designed to prevent retaliatory lawsuits, is at the center of the dispute over the Lilith Fund's countersuit.
  • Arguments revolved around whether the case is moot, given the plaintiff's cessation of the initial petition, but attorney's fees claims keep it active.
  • A ruling against Weldon could send the case back to a lower court to potentially address the constitutionality of SB 8.
Alright, let's talk about what's happening at the Texas Supreme Court, because it's a pretty big deal for how abortion laws might play out here. The state's highest court just heard arguments in a case called *Sadie Weldon v. The Lilith Fund*. This one's all about Senate Bill 8, the 2021 law that effectively banned abortions after about six weeks. Now, you might be thinking, "Wait, didn't Texas already pass stricter abortion bans after *Roe v. Wade* fell?" And you'd be right. But SB 8 isn't just any old abortion ban. It's famous for its wild "bounty hunter" rule. This part lets regular folks like you or me sue anyone who helps someone get an abortion once fetal cardiac activity is detected. It's a unique legal setup, and it's kept legal experts scratching their heads. The court isn't trying to figure out if SB 8 is constitutional right now. Other challenges are already doing that. What the justices might decide here, though, is whether this *particular* challenge to the law even has a way forward in the court system. It's all about procedure, but procedure often dictates whether justice can actually be pursued. So, how did we get here? This case started back in 2022. Sadie Weldon, a private citizen, wanted to question Neesha Davé, who works for the Lilith Fund. The Lilith Fund is a nonprofit that helps people access abortions. Davé had actually said in an earlier affidavit that her organization *did* help a Texas woman get an abortion. That's a potential SB 8 violation. Weldon used something called a Rule 202 petition to try and get more info *before* filing an actual lawsuit. It's like a fishing expedition to see what you can catch. Jonathan Mitchell, Weldon's attorney, was a big player in writing SB 8 in the first place. He's been using these Rule 202 petitions a lot to investigate alleged abortion law violations. But the Lilith Fund didn't just sit there. They fought back, asking a judge to say SB 8 was unconstitutional and to stop Weldon from suing them. Weldon tried to get that countersuit thrown out, using the Texas Citizens Participation Act (TCPA). This law is supposed to stop people from filing lawsuits just to silence others on public matters. But lower courts said the TCPA didn't apply to this kind of declaratory judgment claim. Now, the Texas Supreme Court has to decide if those lower court rulings were right. If they say no, then the case might go back down to a lower court. That court could then actually *hear* the Lilith Fund's argument that SB 8 is unconstitutional. That's a big deal. Here's another wrinkle: Weldon stopped pursuing her Rule 202 petition. And the time limit for suing over a 2021 SB 8 violation has passed. So, some justices asked if the whole case is even relevant anymore, or if it's "moot." Mitchell, Weldon's lawyer, argued it's not moot. Why? Because both sides are still fighting over who should pay the attorneys' fees. He also pointed out that the Lilith Fund is hoping to use this case to push for a ruling on SB 8's constitutionality. Justice Evan Young actually asked Mitchell, "So all of those important, very difficult, weighty questions, the dog is being wagged by the tail of attorney's fees?" Mitchell basically said, "Yep, that's what's keeping it alive." William J. Boyce, representing the Lilith Fund, also pushed for the case to continue. He worried about future lawsuits against the fund and highlighted how SB 8's private enforcement mechanism makes everything legally murky. It's a new kind of law, and no one's quite sure how older laws, like the TCPA, fit with it. Mitchell, on the other hand, argued that investigating whether an abortion law was broken *is* a matter of public concern under the TCPA, regardless of how SB 8 is enforced. It shows you how complicated this particular law has made the whole legal system. The court's decision here won't strike down SB 8, but it could really change the game for future legal battles against it.