Ordinarily, enforcement would be up to government officials, and if clinics wanted to challenge the law’s constitutionality, they would sue those officials in making their case. But the law in Texas prohibits officials from enforcing it. Instead, it takes the opposite approach, effectively deputizing ordinary citizens — including from outside Texas — to sue clinics and others who violate the law. It awards them at least $10,000 per illegal abortion if they are successful.
“It’s completely inverting the legal system,” said Stephen Vladeck, a constitutional law professor at the University of Texas at Austin. “It says the state is not going to be the one to enforce this law. Your neighbors are.”