Texas man sues 3 women accused of helping his ex-wife acquire abortion pill
AUSTIN, Texas - A man is suing three women accused of helping his ex-wife to get an abortion pill. Marcus Silva of Galveston is seeking $1 million in damages from this lawsuit.
In a 47-page complaint, Silva filed a lawsuit against three women for helping his ex-wife get an abortion pill for a self-managed abortion. The three defendants are Jackie Noyola, Amy Carpenter, and Aracely Garcia.
"It's a groundbreaking lawsuit for wrongful death and also for conspiracy with regard to those individuals conspiring together to facilitate and to assist her in the process of securing this abortion," said Eddy Carder, Assistant Professor of Constitutional Law and Philosophy at Prairie View A&M University.
Two of the defendants named in the lawsuit are friends of the ex-wife. The other defendant is a woman who allegedly delivered the pill used.
In the lawsuit, it details the involvement of all three women through a series of text messages. The lawsuit continuously refers to the self-managed abortion as "murder" and seeks to hold the women named accountable for wrongful death and conspiracy for the unborn child.
"It's very aggressive, very blatant, and very confrontational language, obviously, with the intent of communicating that this is the taking of a human life in the eyes of the individuals filing the lawsuit," said Carder.
Silva is seeking $1 million in damages from the three women. It is a lawsuit law Professor Carder says will likely head to the Supreme Court for a final decision.
"This particular lawsuit is really one of the first of its kind that's going to help establish the parameters and the boundaries and the applicability of this particular Texas law," he said.
The lawsuit comes days after five women and two doctors announced their own lawsuit against Texas to clarify what is, and what is not a medical emergency to qualify for exception abortion in the state. Kathleen Thompson with Progress Texas believes the timing of this new lawsuit is off and says it seems like a scare tactic.
"This is already using the legal system to intimidate women and pregnant people. What's to say someone would go a step further and make it up? How can you prove it? This isn't something that should be in our courts," said Thompson.
Others believe the lawsuit was a longtime coming and will open the door to more lawsuits against those who help others get an abortion.
"The reality is Texas will continue to become more and more pro-life and become welcoming, that women don't have to go anywhere else. They can have the support and care they need right here in Texas," said Jonathan Saenz of Texas Values, a pro-life organization.
It is believed the manufacturer of the abortion pill will be added to the lawsuit as a fourth defendant.