Houston Chronicle by Taylor Goldenstein 9/28/2021
A case that’s before the Texas Supreme Court this fall could have strong implications for the future of the state’s newly adopted abortion ban, the most prohibitive in the nation.
The suit relates to a 2019 law that, like the abortion law, was authored by state Sen. Bryan Hughes, R-Mineola.
Known as the “Save Chick-fil-A” law, it allows anyone to sue when they believe a governmental entity has taken “adverse actions” against a person or company based on its support for a religious organization, as Republican lawmakers believed the city of San Antonio did when excluding the fast-food restaurant from its airport.
Civilian enforcement is also the key to the new state law that effectively bans abortion, Senate Bill 8 — a provision that has so far allowed it to survive a legal challenge based on Roe v. Wade, the 1973 Supreme Court case establishing women’s right to abortions. At issue in both cases: Can a state law grant private citizens standing to sue?
“The standing issue in the case is essentially the same,” said Jason Steed, a Dallas-based appellate lawyer and court watcher who is not involved in the case. “That’s what’s interesting about it is that the court could decide that standing issue and whatever they decide about that issue would have direct implications for SB 8.”
The plaintiffs’ Chick-fil-A case is being argued by Jonathan Mitchell, former Texas solicitor general — who played a central role in crafting the novel legal approach in SB 8. Mitchell did not respond to a request for comment. The case is set for oral arguments on Oct. 28.
More:
https://www.houstonchronicle.com/politics/texas/article/Chick-Fil-A-case-strong-implications-abortion-ban-16493654.php
