Following the U.S. Supreme Court’s decision to overturn federal abortion protections last year, states were free to implement their own restrictions on the procedure.
In Texas, a new law criminalizing abortion has given one man an opportunity to sue three of his ex-wife’s friends for helping her obtain pills to end her pregnancy in July.
Two of the defendants — Jackie Noyola and Amy Carpenter — are accused of helping Brittni Silva by giving her information about an organization that sends such drugs through the mail. The third defendant, Aracely Garcia, allegedly delivered the pills in violation of state law.
Marcus Silva’s lawsuit is seeking more than $1 million “for wrongful death and conspiracy” as it relates to “the murder of his child.”
Breaking: The husband of a Texas woman who had an abortion is suing the three women who helped her terminate her pregnancy. The lawsuit is the first of its kind since brought since the state's near-total ban on abortion last summer.https://t.co/eJ9SmaWSqQ
— Texas Tribune (@TexasTribune) March 10, 2023
Reports indicate the pills’ manufacturer will also be added to the lawsuit when the entity is identified. The law does not permit such action against a pregnant woman who seeks an abortion, though, so Silva’s ex-wife was not a party in the lawsuit.
The plaintiff’s attorney also serves in the Texas House of Representatives and weighed in on the legislative justification for the lawsuit, noting that the manufacture or distribution of abortion pills for use by individuals who live in the state can be the basis for a lawsuit.
“Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion,” Briscoe Cain said. “That involves CVS and Walgreens if their abortion pills find their way into our state.”
Walgreens announced earlier this month that it would no longer distribute abortion medication in a number of states in order to comply with existing regulations.
Text messages introduced as evidence in court indicated that Silva’s ex-wife was concerned about how her pregnancy would impact ongoing divorce proceedings.
“I know either way he will use it against me,” she reportedly texted one of her friends. “If I told him before, which I’m not, he would use it as a way to try to stay with me. And after the fact, I know he will try to act like he has some right to the decision.”
One pro-life advocate expressed optimism about the potential ripple effect of this groundbreaking lawsuit.
“I hope the unborn children’s lives are not taken, but if they are, this could be a really important example for someone,” said Texas Alliance for Life’s Joe Pojman. “I’m hopeful this could mean justice for the unborn child. I’m hopeful that the father of the child could get some kind of compensation for it such that this would never ever happen again.”
