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Davis, et al. v. Sharp, et al. (Texas)

(1 :22-cv-00373-RP)

This case challenges Texas Senate Bill 8 (S.B. 8), which not only bans abortion at approximately six weeks of pregnancy, but also incentivizes vigilante harassment of anyone who helps abortion patients.

The plaintiffs in this challenge—which include an abortion fund and supporters of abortion funds—are seeking a declaration that the law is unenforceable because it is unconstitutional and preempted by federal law. S.B. 8’s enforcement scheme violates plaintiffs’ right to procedural due process and their rights under the Equal Protection Clause, and is overbroad in violation of the First Amendment. S.B. 8’s fee-shifting scheme violates plaintiffs’ freedom of speech and their rights under the Equal Protection Clause, and is preempted by Section 1988. The defendants include private citizens who have chilled constitutionally protected conduct by publicly threatening to enforce S.B. 8 against abortion funds and their donors, employees, and volunteers.


Wendy Davis, Marva Sadler, Sean Mehl, and the Stigma Relief Fund


Mistie Sharp, Sadie Weldon, and Ashley Maxwell


Dorian Vandenberg-Rodes of Shellist Lazarz Slobin LLP

Timeline and Key Documents:

February 15, 2023

District count grants Motion Dismissing the Case

September 22, 2022

Plaintiffs File their Response in Opposition

September 8, 2022

Defendants Move to Dismiss the Case

August 25, 2022

Plaintiffs file First Amended Complaint

April 19, 2022

Plaintiffs file Complaint

Related Media:

April 19, 2022

Press Release: Wendy Davis, Stigma Relief Fund, and Texas Abortion Fund Supporters File New Legal Challenge to Texas Abortion Ban