UPDATED: This article has been updated to include comment from John Seago.
Collin Davis, the ex-boyfriend of an unnamed woman who fled to Colorado from Texas to abort their child, has turned to the courts for redress.
After his ex-girlfriend reportedly traveled out of state for her abortion in February of this year, Davis retained the counsel of Jonathan Mitchell—a high-level attorney known for fighting abortion.
Mitchell, former Texas Solicitor General, represented President Donald Trump in Trump v. Anderson. He is also the architect of Senate Bill 8, known as the “Texas Heartbeat Act”—which was signed into law in May of 2021 and prohibits physicians in the state from performing abortions after a heartbeat has been detected. The Heartbeat Act also created an enforcement mechanism where any citizen can sue to prosecute those who assist women in aborting their children.
According to The Washington Post, Mitchell issued a legal threat on behalf of Davis immediately upon learning of the woman’s plans to abort her child out-of-state.
If she were to have the abortion, Davis would “pursue wrongful-death claims against anyone involved in the killing of his unborn child” as well as request an investigation into anyone else involved in the abortion.
Davis has since disclosed the abortion procedure to a district court to request an investigation. According to The Post, an unreported petition was submitted under an “unusual legal mechanism” to investigate whether or not a crime is illegal before the filing of a lawsuit.
“Fathers of aborted fetuses can sue for wrongful death in states with abortion bans, even if the abortion occurs out-of-state,” Mitchell wrote in a statement. “They can sue anyone who paid for the abortion, anyone who aided or abetted the travel, and anyone involved in the manufacture or distribution of abortion drugs.”
Center for Reproductive Rights senior staff attorney Molly Duane told The Post that Mitchell’s statement was an example of fear-mongering.
“People need to understand that it is not a crime to leave Texas or any other state in the country for an abortion,” she said. “I don’t want people to be intimidated, but they should be outraged and alarmed.”
Davis is one of several Texas men turning to the Courts in recent years to take action against people who have assisted in abortions.
For example, in the spring of last year, a man named Marcus Silva attempted to sue three women who allegedly assisted his ex-wife in obtaining abortion pills. Silva was also represented by Mitchell.
Texas Right To Life President John Seago told Texas Scorecard this is only the beginning.
“In Texas we have overlapping civil and criminal laws that fully protect preborn Texans just like born individuals. However, those laws are not currently being fully enforced,” explained Seago. “Since 2021, we have witnessed a blatant escalation of illegal activity by abortion businesses, foreign websites, pro-abortion organizations, and individuals. With this case, and others like it, we are seeing Texans begin to urge the court to examine the proper legal ramifications of those deadly activities. Anyone who advertises for, aides, abets, assists in, or performs an abortion on a Texan should be held accountable. Texans have civil and criminal tools available to protect life and prosecute those breaking our laws. We are just seeing the beginning of these legal tools being used in the judicial system where these cases will set important precedent for the future.”
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