This essay was posted earlier today but several of the responses in the comments section led me to realize it was far from my best work. I went back to my notes and realized I’d left a few things out, and feel this revised version of the essay is a much stronger piece. 

Texas SB-8 is the anti-abortion bill recently signed into law by Texas Governor Greg Abbott. In this essay, I’ll be presenting an alternative approach to getting that bill struck down. The ultimate goal of this argument is to demonstrate how the Texas law violates HIPAA laws and Constitutional privacy rights, as well as the 14th Amendment Right to equal protection before the law. The ultimate goal in cases related to SB-8 should be Constitutional limits on the ability of states to grant “standing by statute” in civil cases, so as to avoid the creation of laws that can be used to harass women and political opponents.

“(a) Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who:(1); performs or induces an abortion in violation of this subchapter;(2) knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise, if the abortion is performed or induced in violation of this subchapter, regardless of whether the person knew or should have known that the abortion would be performed or induced in violation of this subchapter; or (3)  intends to engage in the conduct described by Subdivision (1) or (2).”

Click here to read the rest of this essay at the Otter Globe & Intelligencer.