A group of Texas state legislators this week warned law firm Sidley Austin that it was courting legal action by promising to reimburse staff who travel to obtain an abortion and said proposed legislation is in the works to single out lawyers and law firms for violating anti-abortion statutes.
Sidley, an international firm with over 2,000 lawyers and offices in Dallas and Houston, was among several law firms that internally announced travel reimbursement policies after the U.S. Supreme Court last month reversed the constitutional right to abortion, leaving it up to states to regulate the procedure.
In a letter Thursday, the Texas Freedom Caucus – a coalition of 11 current Texas state legislators – told Sidley management committee chair Yvette Ostolaza that it believes the law firm “has been complicit in illegal abortions” performed in the state. The letter did not provide details on those claims or Sidley’s role.
A Sidley spokesperson and the caucus did not immediately respond to requests for comment on the letter.
The caucus said Sidley may be in violation of a Texas law that permits civil lawsuits against those who “aid and abet” abortions after a fetal heartbeat is detected, typically during the sixth week of pregnancy.
“Litigation is already underway to uncover the identity of those who aided or abetted these and other illegal abortions,” the letter said.
The group asked Sidley to preserve and retain any records on abortions performed or induced in Texas after the fetal heartbeat law went into effect and after the U.S. Supreme Court’s ruling, including records related to firm employees who may have helped pay for the procedures. Such retention requests can be a precursor to litigation.
Reuters could not confirm whether other law firms with Texas offices and policies to reimburse staff for abortion-related travel have received similar letters, and the caucus has not publicized any others. Vinson & Elkins, Morgan, Lewis & Bockius and McDermott Will & Emery are among the law firms with a Texas presence that have adopted such a travel policy.
Several large U.S. companies announced similar travel policies after the Supreme Court’s abortion ruling last month. Reuters reported that such benefits could open companies up to lawsuits and potential criminal liability.
The Texas Freedom Caucus letter also said legislators are planning bills “that will impose additional civil and criminal sanctions on law firms that pay for abortions or abortion travel.”
That legislation, according to the letter, will require the state to disbar any Texas lawyer who helps someone obtain an abortion or violates any other state abortion statute.
The legislation would also permit private citizens to sue anyone who pays or reimburses someone for an abortion, the caucus said.
President Joe Biden on Friday signed an executive order to make it easier to access services to terminate pregnancies. Included in the order is a direction for the White House counsel office and Attorney General Merrick Garland to "convene a meeting" of lawyers, including those in private practice, to encourage legal representation for those seeking or offering abortion services.
Source: Reuters
Image source: Pixabay
