Texas Man Sues 3 Women Over Wife’s Abortion

Topline

A Houston-area man has filed a wrongful death lawsuit against three women who allegedly provided abortion pills to his then-wife last year to terminate a pregnancy, according to multiple reports, in an apparent test of the state’s strict abortion ban that considers assisting an abortion an act of murder.

The Texas State Capitol is seen on September 20, 2021 in Austin, Texas. (Photo by Tamir Kalifa/Getty … [+] Images)

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Key Facts

Plaintiff Marcus Silva reportedly says in the lawsuit, filed in Galveston County, that his then-wife enlisted two women to help her obtain abortion pills after she discovered she was pregnant in July 2022, while a third woman delivered the pills.

She then self-managed her abortion at home, according to reports, which did not identify the women.

The woman filed for divorce from Silva in May of 2022 and the separation was finalized in February—text message screenshots included in the suit show Silva’s ex-wife believed he would take action against her for the abortion, saying at one point, “I know either way he will use it against me,” according to the left-leaning online news outlet Jezebel.

Silva is reportedly seeking more than $1 million in damages and an injunction preventing the women from distributing abortion pills over their “murderous actions.”

The three defendants have not been criminally charged, according to the Texas Tribune, which first reported the lawsuit Friday.

What To Watch For

Silva is represented by state Rep. Briscoe Cain (R) and former Texas Solicitor General Jonathan Mitchell, who was instrumental in writing the state’s abortion ban, according to the Houston Chronicle.

Surprising Fact

Silva’s ex-wife was not named as a defendant in the suit since Texas’ abortion ban exempts pregnant women from being held responsible for abortions. If the other women are found liable, it would serve as a strong signal that state courts will enact severe penalties for distributing abortion pills, which are illegal in Texas, including by mail.

Key Background

Silva’s ex-wife allegedly sought the abortion shortly after the Supreme Court overturned Roe v. Wade on June 24, ending the nationwide right to an abortion that had existed for nearly 50 years. Texas was one of many Republican-governed states that swiftly enacted so-called “trigger” abortion bans following the ruling. The ban prohibits all abortions outside of situations where there is “a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy,” and includes fines of at least $100,000 and potential life imprisonment for abortion providers. Texas is by far the largest of 13 states that have enacted full abortion bans, which start at the moment of fertilization.

Contra

California Gov. Gavin Newsom (D) suspended a $54 million contract with Walgreens this week after the pharmacy said it would not sell the abortion drug mifepristone in 20 states, including many where abortion remains legal.