Now, after seeing the legal success of Texas’s “sue-thy-neighbor” bill, Republican lawmakers are attempting to use its framework to not only ban abortion and gender-affirming care, but prohibit people from leaving their home states to obtain these life-saving procedures in elsewhere. That these proposals to trap people in their states are coming from the allegedly pro-freedom and anti-government interference party would be a funny bout of irony if the proposals weren’t so deadly.
“It’s utterly outrageous,” Andrew Beck, senior staff attorney with the ACLU Reproductive Freedom Project, told Jezebel. “This is taking the Texas model, which has already eviscerated access to abortion in Texas and trying to apply it to people seeking abortion anywhere, whether or not in the state of Missouri. We’re already at a national crisis point.”
This week, the Idaho House passed H.B. 675, which would make it a felony punishable by up to life in state prison to provide transgender teens with puberty-blockers, hormones, and gender-affirming surgeries. It would also ban parents or guardians of trans teens from taking them out of state for this care. The bill now heads to the Idaho Senate.
In Missouri, state Rep. Mary Elizabeth Coleman attached an eight-page amendment to H.B. 1677—a bill originally about prescription drug prices—which would allow private citizens to sue anyone who performs an abortion on a Missouri resident, possesses or distributes abortion pills, and aids or abets a Missouri abortion patient regardless of where the abortion is performed. The majority of Missouri residents who get abortions have traveled to Illinois and other states for care. The Missouri bill has not yet had a floor vote.
Any lawsuits filed under bills like these would rely on surveillance of people’s movements and medical care. On first reading, both seem unconstitutional. But that’s what experts said about S.B. 8 when it initially came before the court in September, and the Supreme Court upheld it. Legal experts said the same about Dobbs v. Jackson Women’s Health Organization, the case that will likely overturn or severely hamper Roe v. Wade. That case involves a 2018 Mississippi law banning abortions after 15 weeks, well before Roe’s standard of fetal viability which is about 22-24 weeks of pregnancy. The only thing that has changed since 2018 is the ideological balance of the Supreme Court.
“It was only a matter of time, honestly. Using the mechanism of private enforcement first seen in SB 8, Missouri has gone further—allowing individuals to sue those who provide aid to those seeking an abortion, including abortions that would be conducted outside of Missouri’s jurisdictional boundaries,” said Melissa Murray, a professor at New York University School of Law and an expert in reproductive rights and family law.