Ajit Karn
Houston, United States: In the first test of a Texas law that prohibits nearly all abortions, a man is prosecuting three women for allegedly assisting his ex-wife in obtaining abortion drugs to terminate her pregnancy.
Marcus Silva’s civil complaint is based on a 2022 statute that permits wrongful-death claims to be filed against anyone who assists a woman in obtaining an abortion.
The women who allegedly supplied the pills that “were used to slaughter infant Silva,” according to the lawsuit, could be fined more than $1 million each.
The lawsuit, which was submitted in district court in Galveston County, is the first to be filed under Texas law since the Supreme Court overturned Roe v. Wade, which had long protected abortion rights, in June.
It comes at a time when conservative states across the country have moved to ban or severely restrict abortion, prompting abortion rights activists to increase their efforts to transport abortion pills to states with stringent bans.
According to the Washington Post, one of Silva’s attorneys, Jonathan Mitchell, helped devise the novel Texas law.
Silva alleges in his lawsuit that his wife became expectant in July 2022 while they were still married, but kept it a secret.
According to the complaint, two of the defendants texted Silva’s wife the location where she could obtain abortion medications, while the third defendant arranged for their delivery.
One message stated, “You could get them from us or you could obtain them online.”
The ex-wife of Silva responded, “Your assistance means the world to me.”
Under the law in Texas and analogous laws in other states, women who obtain abortions are not subject to civil or criminal liability.
The Silvas recently divorced.
The complaint states that Marcus Silva intends to prosecute the manufacturer of the mifepristone pill that was purportedly used.
One of Silva’s attorneys stated in a press release that anyone who manufactures or distributes abortion medications, including major drugstores like CVS and Walgreens, “will be sued into oblivion.”
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Silva’s lawsuit was filed just days after five women in Travis County, Texas filed a lawsuit against the state, alleging they were denied abortions despite having hazardous or nonviable pregnancies. They claimed they were “denied equal treatment as human beings.”
Texas now only permits abortions when the mother’s life is threatened.
