Outrage Defense Stretches Texas Abortion Law Into New Territory

Welcome to Opening Argument, a column where I’ll dig into interesting arguments in complex litigation, unpack issues dividing appeals courts across the country, and discuss disputes that are ripe for Supreme Court review. First up: The role “tort of outrage” plays in the battle over the Texas abortion law.

Even the staunchest conservative on the Supreme Court was taken aback when the Texas solicitor general said outraged feelings would be suitable grounds to sue doctors and others who violate the state’s ban on abortion after six weeks of pregnancy.

Texas Solicitor General Judd Stone last week likened the hypothetical ...