The U.S flag and the Texas State flag fly over the Texas State Capitol in Austin, Texas. Montinique Monroe/Getty Images

A man in Texas has filed a wrongful death lawsuit against three women for allegedly helping his ex-wife obtain abortion pills, marking one of the first legal challenges under the state’s abortion ban. The lawsuit, which seeks $1 million in damages against each woman, was filed in Galveston County and accuses the defendants of aiding and abetting an illegal act under Texas law. The ban, which was enforced after the US Supreme Court overturned Roe v. Wade, prohibits anyone from aiding or abetting an abortion in the state.

The plaintiff, Marcus Silva, claims that the three defendants, Jackie Noyola, Amy Carpenter, and Aracely Garcia, were aware that they were committing a criminal act by helping Silva’s ex-wife obtain abortion pills to terminate her pregnancy in July 2022. The lawsuit also alleges that Garcia facilitated the delivery of the pills to Houston. Silva’s ex-wife, Brittni Silva, is not a defendant in the case and is exempt from civil or criminal liability under state law.

The lawsuit cites text messages between Silva’s ex-wife, Noyola, and Carpenter as evidence, which reportedly show the women discussing Silva’s pregnancy and her desire to obtain abortion pills. The messages also allegedly show Noyola and Carpenter providing links to websites where the pills could be ordered and offering to let Silva self-manage her abortion at their homes.

Silva is represented by lawyers Briscoe Cain, a Republican member of the Texas House of Representatives, and Jonathan Mitchell, who played a role in the development of the six-week ban that was introduced in September 2021. The six-week ban prohibited abortions past that point and invited citizens to file civil lawsuits against anyone they believed violated the law by aiding, abetting or providing an abortion to a woman past that point, for damages exceeding $10,000.

The lawsuit is significant as one of the first major legal challenges under the state’s abortion ban since the Supreme Court overturned Roe v. Wade. The ban has faced significant opposition and controversy since it was introduced, with critics arguing that it violates a woman’s right to choose and puts her health at risk by forcing her to seek unsafe abortions.

A status hearing for the case has been set for June 8, with the outcome expected to have significant implications for the future of abortion access and reproductive rights in Texas and beyond

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[…] Texas Man Sues 3 Women For Helping Ex-Wife Obtain Abortion Pills […]