Pro-life legal firm takes pre-lawsuit steps against groups possibly violating Texas Heartbeat Act

The Thomas More Society has filed petitions for pre-lawsuit discovery under the Texas Heartbeat Act (SB 8) against the leaders of two abortion funds. As the nonprofit law firm explained on its webpage, directors of the Lilith Fund for Reproductive Equity and the Texas Equal Access Fund admitted in court that their organizations helped to fund the abortion of at least one preborn child with a detectable heartbeat. 

Under SB 8, a person who aids or abets an abortion after a heartbeat is detectable can face a fine of up to $10,000 in statutory damages. Speaking with Live Action News, President and Chief Counsel of the Thomas More Society, Tom Brejcha, said their goal is to put these people under oath in front of a court reporter and find out what the facts are.

“If they are funding abortions in violation of the Texas Heartbeat Law, they can be held accountable,” Brejcha said. “…This is an attempt to see whether there are violations and, if so, seek accountability. In other words, it’s not just a toothless statement or aspirational ideal. It’s an applicable and effective law with teeth.”

READ: New data show Texas Heartbeat Act is saving 75 lives per day

In its reporting on the development, the Texas Tribune referred to the pre-suit filings as a “significant escalation on the part of abortion opponents, who have so far seemed satisfied with the chilling effect that even just the threat of lawsuits has had on abortion providers and their affiliates.” 

But as Brejcha noted, the law was always intended to be more than just a scare tactic. “This is our step to say ‘no,’ we want to make sure that this law is enforced,” he said. “This is the first step in that direction, and where the chips will fall…we’ll see. Let’s find out the truth.” 

Brejcha went on to emphasize that his group is taking action because human lives are at stake. “This is not just an academic exercise; it’s not just a debate,” he said. “… People are taking seriously that this is not something to trifle with; we’re talking about killing innocent human beings. Not a pleasant subject, but one that has got to be pressed.” 

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