The law bans abortion after a heartbeat is detected (a position I support), but it does so in a way that is engineered both to evade pre-enforcement judicial review (dangerous) and to empower any citizen (except state officials) to file suits against anyone who performs or “aids or abets” the performance of an abortion (even more dangerous).

That means that if a person believes his ex-girlfriend, friend, or acquaintance obtained an abortion, they can sue the doctor, the nurse, the receptionist, the mom who paid for it, and the boyfriend who drove her to the clinic.

Yes, those people can mount legal defenses regarding the constitutionality of the statute or their actual participation in the abortion—perhaps the plaintiff sued the wrong nurse, or the mom didn’t know the money she loaned her daughter was for an abortion, or the boyfriend didn’t realize where he was taking his girlfriend until after they arrived—but if they prevail and defeat the lawsuit, they’re still out legal fees that could financially break the defendants.

What if the woman didn’t get an abortion at all? What if she miscarried, and the plaintiff files suit thinking she obtained an abortion? How many thousands of dollars in legal fees would the defendants (including, possibly, grieving family members) have to pay to defend themselves against a random citizen before that citizen has to drop the suit? “I’m sorry” wouldn’t begin to cover the dreadful costs involved.