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Re: HIPAA. I've never had a tweet go viral before yesterday. That said, plaintiff's lawyers routinely pay hospital staff for PHI. Not sure how this would be different.
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Plaintiff's lawyers, and defense lawyers, seek records with a plaintiff's consent. A plaintiff bringing an injury or med mal suit has to agree to disclose his medical records to prove his case.
Here you have some yokel suing a doctor and demanding the medical records of a third party patient to prove his case, running smack into HIPAA.
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There are more insidious parts of it:
* Imposes costs on defense COUNSEL if they do not prevail. And they must prevail in all points or else they have not prevailed. No costs on plaintiffs. * That applies to challenges of ANY abortion laws in Texas.
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That'll probably withstand a challenge. Don't see any unconstitutional element there.
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* Can sue in any county in Texas and defense cannot change venue. Which means city docs and abettors are going to be hauled across to the most podunk, pre rigged counties in the state.
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That's a great way to infuriate judges and gridlock the court system with frivolous horseshit. The forum non conveniens challenges alone could crash a small town docket.
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* Abet or INTENDS to abet an abortion.
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That's probably unenforceable as written. Unless there is an actual abortion, where's the injury?
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* There's an emergency provision, but it's written in a way that we have to fucking wait for people to start bleeding out before we can terminate.
This is a diabolical, evil law that should have been struck down with prejudice. But given the make up of the Court, it's not surprising in the least.
We're going to have a lot more women die in childbirth. We're going to have a lot more bad babies. We're going to have a lot more OBs sued. The MFM docs are going to leave en masse.
And the legislature does not give a fuck. In fact, they're gleefully drafting more abortion restrictions as I type because they clearly got the go ahead from their buddies on the Court.
Biden should federalize docs, send down a fleet and open USA Abortion Clinics down here in all of the post offices.
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This law is evil. It's despicable not only in its aim, and its deprivation of the rights of others, but also in its disrespect for the judicial system. It turns courts into romper rooms for right wing troglodytes. No sane judge wants this sort of garbage clogging his docket, and to the extent it delays and degrades the quality of services courts provide to deserving litigants, it victimizes the population far beyond the women and doctors it targets.
BUT... This thing is going down, and quickly. There is no way a law this stupid - and it is really fucking stupid - will withstand the first challenge it gets after some nitwit is dumb enough to file suit under it.
Everyone - and I mean everyone, including even a healthy percentage of sane Republicans, who realize how politically imbecilic this law is (which is why so many are quiet about it) - want this fakakta piece of shit stricken.
It's rare to be able to say the following about something political. Usually, one can separate politics from people and find something to like about someone with whom he or she disagrees with politically. But not here. If you like this law, you are a hideous cur, a societal shitstain. And that's not an opinion. It's a fact. You're simply awful. Shameful, subhuman. You should not be allowed to vote. You should not even be allowed to speak. You're perverted in the deepest sense -- a living example of all that is wrong and wretched in human nature. May the four winds blow you into oncoming traffic, and you live just long enough to feel the vultures pick at your roadkill carcass.
ETA: Where's the injury to any plaintiff here? How is some fundamentalist twit injured because a doctor across the state performed an abortion?
ETA2: And isn't this state sponsored champerty? Wouldn't the authors of this bill who are lawyers be engaged in unethical conduct to the extent champerty violates TX bar rules?
