The sound of silence
Today would be a good day to hug a woman in your life. Actually, perhaps offer to let them punch you; that’s probably the more salient emotion right now. The Supreme Court’s decision (or so far lack thereof) to let SB 8 become law in Texas has multiple effects beyond the literal banning of abortion. It also allows private citizens to sue abortion providers, which means that the sound you heard this morning was lawsuit machines coming to life, revving their engines to begin churning out an avalanche of frivolous lawsuits that will financially bury all but the wealthiest of healthcare providers.
It could also have been the sound of hundreds of domestic abusers groaning and stretching luxuriously into their new day, energized by the fact that state law now not only enables but encourages them (they’re offering a goddamn bounty!) to stalk former partners, under the guise of providing evidence of illegal healthcare access.
What’s especially overwhelming about SB 8 is its entanglement of all of us. It establishes a kind of vigilante tort reform, incentivizing citizens to either pursue or be pursued. Dahlia Lithwick’s informative piece for Slate details how wide-ranging - and fucking egregious - the law is:
Anyone, anywhere, can sue an “abettor” of any abortion that takes place after six weeks in Texas. Patients themselves are exempted from a suit, but their loved ones, including spouses, are not. Possible targets may include any person who encourages the abortion, including family members of the patient; rape crisis counselors, genetic counselors, and clergy; a friend who drives the patient to a clinic; donors to an abortion fund; and, of course, the clinic staff who facilitate the procedure. Any person who forms an intent to “abet” the abortion can also be sued, even if they don’t follow through on their intentions. All these individuals can be sued for at least $10,000 per abortion in any state court. If they don’t defend themselves, the court must automatically rule against them.
This is the real evil of this bill and if you think that every conservative ideologue in the nation isn’t emerging from their cicada-like shells with their ears perked up, you’ve been living on the space station. SB 8 could ostensibly be applied to any federal law. From the WaPo article:
Today it is Texas banning abortion; tomorrow, New York could ban gun sales, permit anyone to sue gun buyers or sellers, and offer a five-figure bounty to entice endless private lawsuits. Post certain conservative sentiments on Facebook? A state could authorize lawsuits by anyone who saw your post. Same-sex couples could be sued by neighbors for obtaining a marriage license. Unpopular political groups could be barred from gathering under threat of vigilante lawsuits. The possibilities are endless.
I hope I’m overthinking and reacting but this feels like a new page has been turned, for our government and society as a whole. Texas Republicans seem to have finally found a way to weaponize the citizenry against each other. Judging from the way we’ve been treating each other recently, that feels incredibly dangerous.
While the Supreme Court could still possibly rule against SB 8, its silence so far feels a tacit endorsement and a harbinger. I don’t think there’s anything else to say about that.
I’ve never been much of a fan of the Handmaid jokes that can accompany abortion legislation around here. The cloaks and bonnets on the steps of the capitol didn’t strike me as an effective protest tool, as there is a good portion of these people who would absolutely love to usher in Gilead. That’s, um, kind of the whole point. Do we really think one of them will see the costume and suddenly realize, “My God, we’ve gone too far!”?
I’m starting to think, though, that the costumed women were smartly practicing for our inevitable future. It feels bleak today, and very dark.
We’ve spent the past few weeks watching an authoritarian, misogynist regime take over Afghanistan. Many are worried about the fate that will befall the country’s women, justifiably so. Today, I’m just as worried about the fate of American women. We’re just moving the public stonings to our courtrooms.