SB 8 is a private attorney general statute as has been pointed out many times by many commentators, and so, they say, it is not different than a multitude of other private attorney general statutes used to enforce various health and safety and anti-discrimination laws. That description is misleading. SB 8 enables anyone to sue regarding any abortion (more than 6 weeks after last menstrual cycle). But not anyone can sue to enforce anti-discrimination laws, or ADA, or disclosure laws. The plaintiffs has to be injured in some way before a suit may be brought. For example, to sue under the ADA statutes, one has to disabled int he appropriate sense and be deprived of access in the appropriate sense. Not just anyone who may sue. There are similar requirements for all of the private attorneys general statutes that I am aware of. No injury at all is required under SB 8. That makes it quite different. I think unprecedented, but I have not surveyed all private attorney general statutes.
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