With the legality of abortion varying from state to state, one Texas man has petitioned a court to authorize an investigation into his former partner’s alleged abortion.
The abortion was allegedly obtained in a state where the procedure remains legal, according to the petition filed by Collin Davis, per The Washington Post.
Davis’ legal filing has reportedly ignited a firestorm of debate surrounding the boundaries of legal jurisdiction when it comes to abortion.
According to court records, Davis, upon learning of his former partner’s intent to terminate her pregnancy in February 2024, engaged legal counsel to explore potential wrongful death claims related to the abortion.
At the heart of Davis’ petition lies a Texas law permitting individuals to request legal depositions before initiating a lawsuit. This mechanism could unveil those who may have facilitated or participated in the alleged termination of the pregnancy.
While Davis has since clarified his intention was not to sue the woman who allegedly underwent the procedure, he remains open to pursuing legal action against who he calls “co-conspirators and accomplices,” according to The Guardian.
Davis’ legal counsel, Jonathan Mitchell, an active figure in the anti-abortion movement, insisted when speaking with The Guardian that existing legal frameworks empower individuals to hold accountable those involved in facilitating out-of-state abortions.
Mitchell has submitted a series of petitions, totaling at least nine as of May 2024 — each aimed at gathering information from pro-abortion activists, medical practitioners, and people involved in abortion procedures. However, none of the petitions have thus far led to the deposing of individuals targeted by Mitchell’s inquiries, per The Texas Tribune.
Mitchell’s stance has been met with staunch opposition from pro-abortion advocates like Molly Duane of the Center for Reproductive Rights, who denounced Davis’ petition as a “coordinated fear campaign.”
“If they can’t prohibit them from traveling, well, then they want to scare them and make them think that they’re doing something wrong,” Duane told The Guardian.
The legal ramifications of Davis’ legal filing remain uncertain, with questions lingering over the applicability of Colorado’s pro-abortion “shield laws” and interpretations of the Comstock Act.
The Comstock Act, a 19th-century anti-vice law, prohibits the mailing of abortion-related materials nationwide. Should Davis’ petition prevail, it could effectively lead to a nationwide ban on abortions, as clinics heavily depend on mail services to acquire the necessary drugs and equipment.
As previously reported by The Dallas Express, attorneys Steve and Amy Bresnen have petitioned the Texas Medical Board earlier this year to provide clarity on exceptions to the state’s abortion ban.