Texas man sues 3 women who helped ex-wife buy abortion pills.

A Texas man is suing three women who allegedly helped his ex-wife get abortion pills to end a pregnancy she kept from him while their marriage was falling apart.

Marcus Silva’s $1 million lawsuit against two friends of his ex and another woman is considered the first of its kind since the Lone Star State passed the “fetal heartbeat” law and the U.S. Supreme Court overturned Roe v. Wade.

“If no one went and checked the fetal heart before having an abortion, we have a problem,” said attorney Briscoe Kane, a Texas Republican state representative who helped in the case, who spoke with Fox News Digital.

Silva alleges in the lawsuit that his then-wife found out about her pregnancy in July 2022 and kept the pregnancy a secret from him while she coordinated with two friends to get abortion-inducing drugs.

In the lawsuit, many of the claims are based on alleged screenshots from a group chat between the wife and two friends. The alleged lyrics show friends trying to help her end her pregnancy and sending her information about Aid Access, an organization that mails abortion-inducing drugs, according to a Texas Tribune report.

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The text messages show that friends have expressed fears that Silva will “get into your head” as a result of the pregnancy, which his now ex-wife found out about two months after she filed for divorce.

“I know he’s using it against me anyway,” the pregnant woman said in one purported message. “If I had told him before that I was not like that, he would have taken advantage of this as [a way to] try to stay with me. And after the fact, I know he will try to act like he has some sort of right to decide.”

“Delete all conversations from today,” one of the women in the group later said. “You don’t want him to look it up.”

A third woman later delivered the medication, the lawsuit alleges, while text messages indicate Silva’s now-ex-wife had an abortion on her own from home.

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The lawsuit alleges that assisted self-abortion is murder under Texas law, allowing Silva to sue for wrongful death. The two women were not charged with criminal charges in the case, and the ex-wife is not named as a defendant due to state laws that specifically exempt pregnant women from prosecution.

Cain told Fox News Digital that they are also trying to find out who made the drug, arguing that they could also be held liable in this case.

“They are illegal,” Cain said of the pills the pregnant woman was taking. “We don’t know their manufacturer or supplier, but if we find out when we find them, they will be added to the lawsuit as a defendant.”

He also believes that the ex-wife’s friends showing a desire to keep text messaging a secret from Silva show that they knew what they were doing could be against the law.

Texas State Capitol (Tamir Khalifa/Getty Images)

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“I think it has to do with the criminal mental state of those who help the mother by saying, ‘Don’t keep him informed,’” Cain said. “It helps them admit, in their own way, that what they’re doing is illegal.”

Silva, who shares two daughters with his ex-wife, is seeking $1 million in damages in the case and seeking an injunction that would prevent defendants from distributing abortion pills in Texas.

Much of the decision in the case will center around the timing of the alleged incident. The July 2022 incident occurred shortly after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, but a month before a state law went into effect that makes abortion a crime that can carry a sentence of up to life in prison.

But Cain argued that state laws that were passed before Rowe remained part of Texas law and came into effect again after the recent landmark Supreme Court ruling.

United States Supreme Court (US Supreme Court Collection via Getty Images)

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“Our laws before Roe…they were never repealed,” Cain said. “The court didn’t even enact those statutes and we never killed them, we just moved them somewhere else. And here they are again.”

“There is an idea that court cases remove laws from the books, but that’s not the case,” Kane continued. “Courts don’t write laws and don’t actually repeal laws, that’s not how it works. They can enact them or declare them unconstitutional, but they can’t remove them from the books, so they’ve been there all along. time.”

Kane also noted that the Texas “heartbeat bill” that was signed into law in May 2021 was also already in effect at the time of the alleged incident.

The Texas Heartbeat Law prohibits abortions after the detection of a fetal heartbeat, which is usually the first measurable at about six weeks of pregnancy. Kane argued that the bill effectively bans abortion, which also makes helping someone get an abortion illegal under state law.

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Heartbeat has done a lot more than people think, Kane said. “Essentially, it was a bill to abolish the death penalty. And aiding and abetting abortion is illegal in Texas. Providing funds for its production is illegal in Texas.”