Davis v. Sharp (Texas)

(1 :22-cv-00373-RP)

This case challenged 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 included an abortion fund and supporters of abortion funds—sought a declaration that the law is unenforceable because it is unconstitutional and preempted by federal law. Plaintiffs argued that 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. It was also argued that 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 included 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.

Plaintiffs:

Wendy Davis; Marva Sadler; Sean Mehl; the Stigma Relief Fund

Defendants:

Mistie Sharp; Sadie Weldon; Ashley Maxwell

Co-counsel:

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