AUSTIN, Texas (Legal Newsline) - The pro-choice groups want the pro-life Texas officials they sued to be declared a class.
Plaintiffs like Fund Texas Choice and The Lilith Fund for Reproductive Equity filed a motion for class certification on Nov. 1 in Austin federal court in their lawsuit against against Attorney General Ken Paxton and others.
The lawsuit says the defendants are attempting to destroy a "pregnant person's right to self-determination and reproductive healthcare." It followed the June 24 decision by the U.S. Supreme Court that overturned Roe v. Wade.
"Agents of the State of Texas contend that virtually every activity of those who assist pregnant Texans to understand their rights and medical options is now subject to criminal prosecution," the suit says.
"The threats have been repeated and far-ranging, and the intimidation has chilled helping professionals from providing counseling, financial, logistical and even informational assistance to pregnant Texans who may need access (to) abortion care outside of the state."
Tweets, cease-and-desist letters and other forms of communication have threatened corporations around the state who promise to help their staff find abortion-related health care outside of Texas.
The suit cites a letter to the Sidley Austin law firm that said its decision to reimburse travel costs "of employees who leave Texas to murder their unborn children" appears to make the firm "complicit in illegal abortions."
Abortion is a felony in Texas unless the mother's life is in danger, letter read, threatening that the firm is exposing itself to prosecution and disbarment.
Rather than certify a plaintiff class, the eight plaintiffs want the defendants declared a class led by a representative. The class would be all elected district attorneys and county officials in Texas who have the authority to pursue criminal abortion charges.