“Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion,” Cain said in a March 11 statement. “That includes CVS and Walgreens if their abortion pills find their way into our state.”
Breen, the Thomas More Law Center attorney, agreed.
“It’s well past time to hold accountable those who are involved in the distribution and manufacture of these murderous drugs,” he said.
The manufacturer of the abortion pill used by the pregnant woman is also liable for the baby’s death and will be added as a defendant once it is identified, the lawsuit says. Anyone else involved in the distribution of the abortion pills is also liable.
The lawsuit also seeks an injunction barring the defendants from distributing abortion pills.
The lead attorney in Silva’s lawsuit is Jonathan Mitchell, former solicitor general of Texas.
Joanna Grossman, a law professor at Southern Methodist University’s Dedman School of Law, called the lawsuit “absurd and inflammatory.” In her view, there is no underlying cause of legal action for a self-managed abortion because the pregnant woman is protected from prosecution. She said the law will have a chilling effect on those who seek to help others procure an abortion.
“Who is going to want to help a friend find an abortion if there is some chance that their text messages are going to end up in the news? And maybe they’re going to get sued, and maybe they’re going to get arrested, and it’s going to get dropped eventually, but in the meantime, they will have been terrified,” Grossman told the Texas Tribune.
While Grossman doubted that the lawsuit would hold up in court, Charles Rhodes, a law professor at South Texas College of Law, told the Texas Tribune the lawsuit could have merit under Texas law.