ABSTRACT
The Supreme Court’s decision to eradicate constitutional protections for abortion has led to an array of new civil actions, from opponents and proponents of abortion alike, as both sides have turned to novel causes of action to promote their agendas. On the one side, states like Texas rely on expansive, bounty-hunter style causes of action that allow anyone – even totally uninjured, unaffiliated parties with no personal stake whatsoever in a particular abortion – to sue on loaded terms for statutory damages to the tune of $10,000. In response, blue states, with Connecticut leading the charge, have passed shield laws – including in some that create new causes of action of their own, authorizing those who lose Texas-style lawsuits to sue to reclaim any damages and expenses they had to pay out in Texas …
Zubrzycki, Carleen, Torts (?) Arms Races: Abortion And Beyond (May 1, 2023), DePaul Law Review, 2023.
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