BONUS: A Legal Explanation and Discussion on SB8

This is a special bonus episode we're releasing at the request of our Patreon subscribers. We normally do "true crime headlines" as part of our weekly bonus content, but when we covered the new Texas abortion ban SB8, our Patreons asked if we could make it public so they could share. Seeing as we live in Texas, we have received a lot of questions lately about SB8.

In this segment, we discuss the legal and constitutional questions and violations pertaining to the ban. Of course, our own opinions are thrown in as well. If you're interested, please listen. If this isn't for you, that's ok, too.

We hope this provides a quick overview for you on what the law means, its constitutionality, and where the law is headed going forward as it impacts all people seeking access to reproductive care. We recorded this a few weeks ago when the law first went into effect.

Since then, there have been some news updates, movement in litigation challenging SB8, and clarifications in the analysis of the law including who it does and does not apply to. So as we say in the segment, be sure to keep up with the updates on this law as it impacts you and those you love. You can also visit the episode link for updates that have happened since we recorded.

All our love, from TX

UPDATES - Here are news articles and updates that have happened since we recorded our segment in early September.

• First Lawsuits Filed: 2 disbarred attorneys outside Texas sue abortion doctor under SB8, ABC News: https://abcnews.go.com/Politics/disbarred-attorneys-texas-sue-abortion-doctor-sb8/story?id=80147133

• Opinion: Why I violated Texas’s extreme abortion ban, Washington Post: https://www.washingtonpost.com/opinions/2021/09/18/texas-abortion-provider-alan-braid/

• Which Lawsuit Will Be the First to Properly Challenge the Texas Abortion Ban?, Slate: https://slate.com/news-and-politics/2021/09/lawsuit-challenge-sb8-guide.html

• House passes bill to protect abortion rights in response to restrictive Texas law, CNBC: https://www.cnbc.com/2021/09/24/house-passes-abortion-rights-bill-in-response-to-restrictive-texas-law.html

• Voting Rights: Last Week Tonight with John Oliver (HBO): https://www.youtube.com/watch?v=EN9OdruH_qM

RESOURCES TO DONATE

• Center for Reproductive Rights: Donate Here

• TEA Fund: Donate Here

• ACLU of Texas: Donate Here

• Planned Parenthood of Greater Texas: Donate Here

• Act Blue’s List of Organizations in Texas: Donate Here

• All proceeds from the sale of Sinisterhood merch will be donated to the Center for Reproductive Rights through October: https://www.sinisterhood.com/shop

SOURCES AND ARTICLES

• Texas Senate Bill 8, LegiScan (Text of the Bill): https://legiscan.com/TX/text/SB8/id/2395961

• Answers to Questions About the Texas Abortion Law, New York Times: https://www.nytimes.com/2021/09/01/health/texas-abortion-law-facts.html

• Justice Department Sues Texas Over Senate Bill 8, Department of Justice: https://www.justice.gov/opa/pr/justice-department-sues-texas-over-senate-bill-8

• United States of America v. Texas, DOJ Complaint: https://www.justice.gov/opa/press-release/file/1431596/download

• Ten Problems with United States v. Texas, The Volokh Conspiracy - Reason Magazine: https://reason.com/volokh/2021/09/09/ten-problems-with-united-states-v-texas/#

• Open letter in opposition to HB 1515 and SB8 from the Texas legal community: https://documentcloud.adobe.com/link/review?uri=urn:aaid:scds:US:38eff803-3fd3-498b-a6b4-658305bf6beb#pageNum=1

• Texas law banning abortion as early as six weeks goes into effect as the U.S. Supreme Court takes no action, Texas Tribune: https://www.texastribune.org/2021/08/31/texas-abortion-law-supreme-court/

• Dobbs v. Jackson Women’s Health Organization, SCOTUS Blog: https://www.scotusblog.com/case-files/cases/dobbs-v-jackson-womens-health-organization/

• Your Questions About Texas’s New Abortion Law, Answered, Texas Monthly: https://www.texasmonthly.com/news-politics/texas-abortion-law-explained/

• Court to weigh in on Mississippi abortion ban intended to challenge Roe v. Wade, SCOTUSBlog: https://www.scotusblog.com/2021/05/court-to-weigh-in-on-mississippi-abortion-ban-intended-to-challenge-roe-v-wade/

• Roe v. Wade, Oyez: https://www.oyez.org/cases/1971/70-18

• Planned Parenthood of Southeastern Pennsylvania v. Casey, Oyez: https://www.oyez.org/cases/1991/91-744

• Gorsuch, Conservative Favorite Appointed by Trump, Leads Way on Landmark Decision, New York Times: https://www.nytimes.com/2020/06/15/us/politics/gorsuch-supreme-court-gay-transgender-rights.html

• Originalism, Amy Coney Barrett’s approach to the Constitution, explained, VOX: https://www.vox.com/21497317/originalism-amy-coney-barrett-constitution-supreme-court

• CONGRESSIONAL ORIGINALISM, Amy Coney Barrett, John Copeland Nagle, University of Pennsylvania Law Review: https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1619&context=jcl

• Texas’s radical anti-abortion law, explained, VOX: https://www.vox.com/2021/8/31/22650303/supreme-court-abortion-texas-sb8-jackson-roe-wade-greg-abbott

• Manuel LUJAN, Jr., Secretary of the Interior, Petitioner v. DEFENDERS OF WILDLIFE, et al.: https://www.law.cornell.edu/supremecourt/text/504/555

• What The Texas Abortion Ban Does — And What It Means For Other States, NPR: https://www.npr.org/2021/09/01/1033202132/texas-abortion-ban-what-happens-next

• Rape counselors in Texas could be sued under the abortion law. They’re preparing for the worst., The Lily: https://www.thelily.com/rape-counselors-in-texas-could-be-sued-under-the-abortion-law-theyre-preparing-for-the-worst/

• What We Know—and What We Don’t—About How Texas’ Abortion Ban Will Be Enforced, Slate: https://slate.com/news-and-politics/2021/09/texas-ban-abortion-fund-lawsuit.html

• Even people who oppose abortion should fear Texas’s new ban, Washington Post: https://www.washingtonpost.com/outlook/2021/07/19/texas-sb8-abortion-lawsuits/

• Lyft and Uber will cover legal fees of drivers sued under Texas abortion law, Engadget: https://www.engadget.com/lyft-uber-texas-sb8-legal-fund-213135157.html

• The Governor Of Texas Has Signed A Law That Bans Abortion As Early As 6 Weeks (quote from Greg Abbott), NPR: https://www.npr.org/2021/05/19/998237349/the-governor-of-texas-has-signed-a-law-that-bans-abortion-as-early-as-6-weeks

• The Inside Story on How Roberts Changed His Supreme Court Vote on Obamacare, Forbes: https://www.forbes.com/sites/theapothecary/2012/07/01/the-supreme-courts-john-roberts-changed-his-obamacare-vote-in-may/?sh=1bebb43ad701

• In Saving Obamacare, John Roberts Has Reframed His Legacy, USNews: https://www.usnews.com/news/articles/2015/06/25/john-roberts-saves-obamacare-reframes-his-supreme-court-legacy

• Celebrities React to Texas 6-Week Abortion Ban, Too Fab: https://toofab.com/2021/09/01/celebrities-react-to-texas-6-week-abortion-ban/

• What industry dominates the Texas economy?, MVOrganizing: https://www.mvorganizing.org/what-industry-dominates-the-texas-economy/

• Greg Abbott’s Biggest Donors: https://www.followthemoney.org/entity-details?eid=11281947

• Court-packing, Democrats’ nuclear option for the Supreme Court, explained, VOX: https://www.vox.com/2018/7/2/17513520/court-packing-explained-fdr-roosevelt-new-deal-democrats-supreme-court