“Not only does the law essentially outlaw abortion, but it was also written to strategically evade judicial review. In past years, the only thing stopping anti-abortion lawmakers from introducing or passing a pre-viability abortion ban was the likelihood it would be struck down by the courts. Eight other states have passed abortion bans around six weeks in pregnancy—the difference is that they have all been blocked from taking effect.
S.B. 8 creates a workaround to the legal right to abortion under Roe v. Wade by shifting the enforcement of the law to the public. It encourages anyone who disapproves of someone’s abortion—from an abusive partner to an anti-abortion extremist vigilante—to enforce the ban by suing providers and anyone who helps a person obtain an abortion, like an abortion fund or even a Lyft driver. “