Judge Austin Reeve Jackson, East Texas pro-life activist sued

TYLER — Newly-elected 114th District Court Judge Austin Reeve Jackson and an East Texas pro-life activist have been sued by pro-choice groups in an effort to block the Texas “heartbeat bill” that was created by State Sen. Bryan Hughes and signed into law by Gov. Greg Abbott earlier this year. Hughes, meanwhile, is continuing to defend the bill — and Jackson is striking back against the lawsuit. According to our news partner KETK, the bill is one of the most restrictive abortion bills since Roe v. Wade legalized abortion back in 1972. The law abolishes elective abortions as early as six weeks, when the preborn child’s heartbeat is detectable using methods according to standard medical practice, and will take effect September 1.

The bill is unique in that enforcement is left up to citizens to file civil lawsuits against abortion providers they believe to be in violation of the law. The only exception to the bill is for a medical emergency that threatens the mother. There is none for rape or incest.

The lawsuit against Judge Jackson, which was filed in an Austin federal court, says the bill “flagrantly violates the constitutional rights of Texans seeking abortion and upends the rule of law in service of an anti-abortion agenda.” It likened the lawsuit provision to “a bounty” being placed on those who provide or aid abortions.

Under the law, there is no requirement that the citizen who files a lawsuit has to be connected to the woman seeking an abortion.

While Judge Jackson is named personally in the lawsuit, it does not say why he was chosen to represent nearly all judges that could have an abortion suit brought before them. It states that Jackson “is an adequate class representative because his court has jurisdiction over civil claims with an amount… greater than $200.” The lawsuit argues that Jackson, along with all other Texas judges that could have similar claims brought to their court, should not be able to enforce them.

Smith County Clerk Penny Clarkson has also been sued since it would be her duty to file any lawsuit that an individual would file against an abortion provider.

The lawsuit also names Mark Dickson, a Longview man who is the Director of Right to Life East Texas, as a defendant in the case.

It asks that “Dickson, his agents, servants, employees, attorneys, and any persons in active concert or participation with him, from enforcing S.B. 8 in any way.”

He is one of the driving forces between many small East Texas towns declaring themselves as “sanctuary cities for the unborn” despite nearly all not having abortion providers anywhere near their city limits.

Senator Hughes issued the following statement: “I was proud to author the Texas Heartbeat Bill that is now the Texas Heartbeat Law. My initial reaction to this lawsuit was disbelief — disbelief at how desperate and frivolous it is. The actions taken against our district judges shows how desperate the corporate abortionists are to perform illegal abortions. Planned Parenthood should have planned better. I am honored to stand alongside Judge Reeve Jackson and fight for Life here in Texas.” In a press conference with Hughes in Tyler on Wednesday, Jackson called the lawsuit “frivolous” and said he had been named the number one target of pro-abortion activists. He called the situation “cancel culture at its finest.” Tyler-based attorney Shane McGuire is representing Jackson in court, and said they plan to file a motion to dismiss the lawsuit.