One MSNBC legal analyst laid out an idea on Thursday that could make it impossible for the new Texas anti-abortion bill to succeed.
The Republican bill, which the U.S. Supreme Court refused to block from becoming law, has a policy mechanism where individuals punish other individuals for helping an abortion after a fetal heartbeat is detected.
The bill allows anyone in America to sue in a Texas court for an alleged violation of the law. If the lawsuit is successful, the person who filed it wins a monetary reward. But if the lawsuit is unsuccessful, defendants are not able to recoup attorney's costs.
MSNBC legal analyst Elie Mystal, a justice correspondent at The Nation magazine, laid out his idea on Twitter.
"Thinking outside the box: Since there is no penalty, at all, for making false or frivolous claims under the Texas Bounty Hunting Act, and since people outside of Texas can sue anybody *in* Texas..." he wrote. "We could sue every single Republican in Texas for aiding or abetting abortions..."
"This would likely overwhelm the entire court system. I mean, we're talking about *millions* of registered Republicans in that state. If we SUE THEM ALL, there's no way the courts could process all those cases, separating the 'real' claims from the false ones," he explained.
"Again, UNDER THE TEXAS LAW... there is absolutely NO penalty for making a frivolous or wrong claim. You just have to file it, then the party you accuse has to answer and the court has to issue a ruling," he noted. "Again, just thinking of GURIELLA LAW tactics to actually stop these people."
Thinking outside the box: Since there is no penalty, at all, for making false or frivolous claims under the Texas B… https://t.co/gBcC3JlsjQ— Elie Mystal (@Elie Mystal) 1630631785.0
Again, UNDER THE TEXAS LAW... there is absolutely NO penalty for making a frivolous or wrong claim. You just have t… https://t.co/wE4w8iGoaJ— Elie Mystal (@Elie Mystal) 1630631786.0