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Texas Man Files Legal Action Against Partner for Out-of-State Abortion
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<blockquote data-quote="NxNW" data-source="post: 77664085" data-attributes="member: 424425"><p><a href="https://wapo.st/3wa4JIL" target="_blank">https://wapo.st/3wa4JIL</a></p><p></p><p>WaPo:</p><p><em>As soon as Collin Davis found out his ex-partner was planning to travel to Colorado to have an <a href="https://www.washingtonpost.com/abortion/?itid=lk_inline_manual_2" target="_blank">abortion</a> in late February, the Texas man retained a high-powered antiabortion attorney — who court records show immediately issued a legal threat. If the woman proceeded with the abortion, even in a state where the procedure remains legal, Davis would seek a full investigation into the circumstances surrounding the abortion and “pursue wrongful-death claims against anyone involved in the killing of his unborn child,” the lawyer wrote in a letter, according to records.</em></p><p><em></em></p><p><em>The decision to target an abortion that occurred outside of Texas represents a potential new strategy by antiabortion activists to achieve <a href="https://www.washingtonpost.com/politics/2022/06/29/abortion-state-lines/?itid=lk_inline_manual_9" target="_blank">a goal many</a> in the movement have been working toward since Roe v. Wade was overturned: stopping women from traveling out of state to end their pregnancies. Crossing state lines for abortion care remains legal nationwide. Davis’s petition — filed under Texas’s Rule 202 by Jonathan Mitchell, a prominent antiabortion attorney known for devising new and aggressive legal strategies to crack down on abortion — follows a <a href="https://www.texastribune.org/2023/03/10/texas-abortion-lawsuit/" target="_blank">lawsuit filed last spring</a> by another Texas man, Marcus Silva, who is attempting to sue three women who allegedly helped his ex-wife obtain abortion pills.</em></p><p><em></em></p><p><em>“Mr. Davis is considering whether to sue individuals and organizations that participated in the murder of his unborn child,” Mitchell, widely known as the architect of Senate Bill 8, wrote in Davis’s complaint in March. Davis’s petition — filed under Texas’s Rule 202 by Jonathan Mitchell, a prominent antiabortion attorney known for devising new and aggressive legal strategies to crack down on abortion — follows a <a href="https://www.texastribune.org/2023/03/10/texas-abortion-lawsuit/" target="_blank">lawsuit filed last spring</a> by another Texas man, Marcus Silva, who is attempting to sue three women who allegedly helped his ex-wife obtain abortion pills.</em></p><p><em></em></p><p><em>“Mr. Davis is considering whether to sue individuals and organizations that participated in the murder of his unborn child,” Mitchell, widely known as the architect of Senate Bill 8, wrote in Davis’s complaint in March. Davis’s petition includes no evidence of illegal activity. Davis’s former partner ultimately obtained her abortion in Colorado, Davis claims in the court documents. Mitchell suggests in the petition that people who helped her procure the abortion could be found liable. Mitchell said in a statement that abortions that occur outside Texas can be targets for civil litigation. “Fathers of aborted fetuses can sue for wrongful death in states with abortion bans, even if the abortion occurs out-of-state,” he wrote. “They can sue anyone who paid for the abortion, anyone who aided or abetted the travel, and anyone involved in the manufacture or distribution of abortion drugs.”</em></p></blockquote><p></p>
[QUOTE="NxNW, post: 77664085, member: 424425"] [URL]https://wapo.st/3wa4JIL[/URL] WaPo: [I]As soon as Collin Davis found out his ex-partner was planning to travel to Colorado to have an [URL='https://www.washingtonpost.com/abortion/?itid=lk_inline_manual_2']abortion[/URL] in late February, the Texas man retained a high-powered antiabortion attorney — who court records show immediately issued a legal threat. If the woman proceeded with the abortion, even in a state where the procedure remains legal, Davis would seek a full investigation into the circumstances surrounding the abortion and “pursue wrongful-death claims against anyone involved in the killing of his unborn child,” the lawyer wrote in a letter, according to records. The decision to target an abortion that occurred outside of Texas represents a potential new strategy by antiabortion activists to achieve [URL='https://www.washingtonpost.com/politics/2022/06/29/abortion-state-lines/?itid=lk_inline_manual_9']a goal many[/URL] in the movement have been working toward since Roe v. Wade was overturned: stopping women from traveling out of state to end their pregnancies. Crossing state lines for abortion care remains legal nationwide. Davis’s petition — filed under Texas’s Rule 202 by Jonathan Mitchell, a prominent antiabortion attorney known for devising new and aggressive legal strategies to crack down on abortion — follows a [URL='https://www.texastribune.org/2023/03/10/texas-abortion-lawsuit/']lawsuit filed last spring[/URL] by another Texas man, Marcus Silva, who is attempting to sue three women who allegedly helped his ex-wife obtain abortion pills. “Mr. Davis is considering whether to sue individuals and organizations that participated in the murder of his unborn child,” Mitchell, widely known as the architect of Senate Bill 8, wrote in Davis’s complaint in March. Davis’s petition — filed under Texas’s Rule 202 by Jonathan Mitchell, a prominent antiabortion attorney known for devising new and aggressive legal strategies to crack down on abortion — follows a [URL='https://www.texastribune.org/2023/03/10/texas-abortion-lawsuit/']lawsuit filed last spring[/URL] by another Texas man, Marcus Silva, who is attempting to sue three women who allegedly helped his ex-wife obtain abortion pills. “Mr. Davis is considering whether to sue individuals and organizations that participated in the murder of his unborn child,” Mitchell, widely known as the architect of Senate Bill 8, wrote in Davis’s complaint in March. Davis’s petition includes no evidence of illegal activity. Davis’s former partner ultimately obtained her abortion in Colorado, Davis claims in the court documents. Mitchell suggests in the petition that people who helped her procure the abortion could be found liable. Mitchell said in a statement that abortions that occur outside Texas can be targets for civil litigation. “Fathers of aborted fetuses can sue for wrongful death in states with abortion bans, even if the abortion occurs out-of-state,” he wrote. “They can sue anyone who paid for the abortion, anyone who aided or abetted the travel, and anyone involved in the manufacture or distribution of abortion drugs.”[/I] [/QUOTE]
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