Texas man drops charges against women he says helped ex-wife have abortion

A Texas man who sued three women for allegedly helping his ex-wife obtain abortion pills has dropped his lawsuit, prompting abortion rights advocates to declare victory in the first such case filed since The United States Supreme Court overturned Roe v. Wade.

The lawsuit, filed in Galveston County state court in March 2023, claimed that helping someone obtain an abortion is considered murder under the state’s homicide law and the abortion ban that took effect shortly after the Supreme Court’s ruling, allowing a Texas man to sue under the state’s homicide law. the wrongful death statute. The man, Marcus Silva, was seeking at least $1 million in damages from each of the defendants.

Silva, who identified himself as the “father of the unborn child,” agreed to drop the case Thursday evening after several state courts declined to compel his ex-wife and the three defendants to provide additional information. A Texas Supreme Court justice called attention to what he described as Silva’s “shamefully vicious harassment and intimidation of his ex-wife.”

Silva could not be reached for comment Friday. One of his attorneys, Briscoe Cain, said “the parties have signed a settlement agreement and all claims and counterclaims have been dismissed.”

Amy Carpenter, one of the defendants, told the Washington Post that the lawsuit was “a disgusting abuse of power.”

“You cannot use the justice system to intimidate and harass your victims,” she added. “You won’t win.”

No money was exchanged as part of Silva’s decision to drop the case, Carpenter said. The resolution of the case was announced Thursday evening in a one-page document titled “notice of dismissal.”

As the use of abortion pills increased following the U.S. Supreme Court decision that overturned Roe, abortion advocates looked for ways to crack down on the drugs, which continued to circulate mailed freely to all 50 states, including states that strictly prohibit abortion.

Silva’s case was the first trial targeting those who help facilitate a medical abortion in a state where abortion is illegal. National abortion rights groups have come out in support of the defendants, describing the case as an attempt to dissuade women in anti-abortion states from using the abortion pill.

“The big picture is that this was a high-profile attempt to use the civil justice system to go after the distribution of abortion pills after the Dobbs case, and it failed,” said David Cohen, a law professor at Drexel University who specializes in abortion issues. . If the case had moved forward, he added, “it might have sent a message to people who are getting pills … that they are at risk.”

Carpenter and Jackie Noyola, a second defendant in the case, said they first heard about the case in March 2023 when they began receiving messages from media outlets and attorneys offering to represent them. They immediately started Googling. Reading the complaint, they said, they were shocked to see their names in the same sentence as the phrase “conspired…to murder” an “unborn child.”

“I just felt numb at that point,” Noyola said. “Wait, why is there the word ‘murder’ next to my name in so many places?

Soon after, Silva attempted to serve both women at their jobs, they said.

“It was disgusting,” Carpenter said. “You feel like you have safe places where no one can get to you. »

Silva was represented by two prominent conservative lawyers — Jonathan Mitchell, widely known as the architect of a new Texas abortion ban in 2021, and Cain, a Republican member of the Texas House. After filing a lawsuit on Silva’s behalf, Mitchell, who declined to comment, has since filed a lawsuit to investigate several other women who obtained abortions as a result of Roe, including one who obtained a abortion in a state where abortion remains legal.

Silva alleged that in July 2022, while the couple was still married, his wife discovered she was pregnant but hid it from him.

His lawsuit claimed that two of the defendants exchanged text messages with Silva’s wife, discussing how and where she could obtain the medication needed to end her pregnancy. A third defendant arranged delivery of the drugs, according to the complaint.

“We have pills here in Houston,” read a message one of the women shared with the group, according to the complaint. “So no, you wouldn’t have to steal.” You can get them from us or order them online.

Silva’s complaint included as exhibits numerous text messages allegedly exchanged between the group of women. In the texts, a woman shares information provided by an organization that ships abortion pills and claims she can take them home.

“Your help matters to me,” responds Silva’s ex-wife, who is exempt from civil and criminal liability under Texas law. “I’m so lucky to have you all.”

Carpenter and Noyola said they were not affiliated with any abortion rights groups before the trial. They were just trying to help a friend, they said.

Silva and his ex-wife divorced shortly before the lawsuit was filed, according to court documents.

During the trial, Mitchell attempted to obtain wide-ranging information, including all communications the defendants had with each other and with Silva’s ex-wife. These attempts also failed.

Silva’s ex-wife shared with the court transcripts of recordings of verbal abuse she said she suffered from Silva before the lawsuit was filed, including threats to persecute her if she did not had sex with him and did not do his laundry, according to the court. records. He also threatened to send sexual videos of her to her employer, as well as her family and friends, according to transcripts.

In an opinion concurring with a lower court’s decision not to compel Silva’s ex-wife to provide additional information, a Texas Supreme Court justice condemned Silva’s behavior.

“I can imagine no legitimate excuse for Marcus’s behavior as reflected in this filing, many of the details of which cannot be reproduced in a judicial opinion,” wrote Judge Jimmy Blacklock, appointed by Texas Governor Greg Abbott (R).

Carpenter and Noyola filed a countersuit against Silva in May 2023, a few months after the initial lawsuit was filed. They argued that Silva knew of his ex-wife’s plans to have an abortion before she took the pills, but did nothing to stop her – a decision they say showed the true nature of his case against them.

“He was not interested in preventing her from terminating a possible pregnancy,” the lawsuit states. “Instead, he wanted to obtain evidence that he could use against her if she refused to remain under his control, which is precisely what he tried to do.”

When settlement discussions began this week, Carpenter and Noyola said, they stressed to their attorneys the importance of being able to speak out about what happened to them.

“I want (Mitchell and Silva) to see that they didn’t win. We are not fragile, scared women,” Noyola said.

Men like that, she added, “hate to confront a strong woman.”