Abortion Pill Controversy in Texas

Texas Attorney General Ken Paxton has again ramped up pressure against those accused of sending abortion pills into the state.

The attorney general’s office sent out three cease and desist letters in mid-August, threatening legal action and penalties against two organizations and one doctor for allegedly mailing medication abortion into Texas.

Debra Lynch — a provider at Her Safe Harbor, which received one of the cease and desist letters — told The Dallas Morning News on Wednesday morning that the letter won’t stop the organization from mailing abortion pills to Texans.

“Our concerns are strictly and 100% solely focused on the well-being of the women that are being denied health care,” Lynch said. “Our concern for ourselves, it doesn’t come into play in any way, shape or form.”

Background of the Controversy

Staff in Paxton’s office sent cease and desist letters to:

• Her Safe Harbor, an organization whose representatives told an Austin American-Statesman columnist earlier this year that they were mailing abortion pills into Texas.
• Plan C, an organization that provides information about how to access abortion pills, including for people in Texas. The organization was mentioned — in passing, not as a defendant — in a lawsuit filed last week, where a Corpus Christi woman alleged that the father of her unborn child dosed her with abortion pills that he ordered online.
• Dr. Remy Coeytaux, a California-based doctor who was named in a lawsuit as allegedly prescribing abortion pills to a pregnant Texan.

Plan C and Coeytaux did not immediately respond to requests for comment on Wednesday morning.

Impact of the Cease and Desist Letters

Lynch said Her Safe Harbor has received a tsunami of calls and orders since Paxton announced the cease and desist letters on Wednesday morning.

“The phone has not stopped ringing with orders, more from Texas than anywhere else,” Lynch said.

In the letters, Paxton’s office demanded that Her Safe Harbor, Plan C and Coeytaux stop mailing abortion pills into Texas. The attorney general also threatened civil penalties of up to $100,000 per violation.

Texas Abortion Laws

The August cease and desist letters are another step in the attorney general’s effort to enforce Texas’ strict abortion ban across state lines and to tamp down on one of the few avenues left for Texans seeking abortions.

Under Texas law, abortions are illegal with only rare exceptions for medical emergencies. There are no exceptions for rape or incest, for fatal fetal anomalies or for early pregnancy.

In December, the attorney general sued a New York doctor who allegedly prescribed abortion pills to a Texan over a telehealth appointment.

A Texas judge sided with Paxton in that case and issued a $100,000 judgment against the doctor. But the New York doctor is protected by that state’s shield laws, and the Texas attorney general has so far been unable to enforce the ruling against her.

Future Actions and Legislation

At the time of the lawsuit, both anti-abortion activists and abortion rights advocates said that they expected to see more such actions from attorney generals, in Texas and other states with strict abortion bans.

Meanwhile, anti-abortion politicians in the Texas Legislature are attempting to revive a measure that would create a new enforcement mechanism against the distribution of abortion pills within the state.

That bill died during regular session, was caught in the larger stalemate of the first special session and has been refiled again for the ongoing second special session.

Conclusion

The controversy surrounding abortion pills in Texas is a complex issue, with different organizations and individuals taking varying stances. While some, like Her Safe Harbor, are committed to providing access to abortion pills, others, like the Texas attorney general, are working to restrict this access.

As the situation continues to unfold, it is likely that there will be further developments and challenges to the current laws and regulations surrounding abortion pills in Texas.

FAQs

Q: What is the current law regarding abortion pills in Texas?

A: Under Texas law, abortions are illegal with only rare exceptions for medical emergencies. There are no exceptions for rape or incest, for fatal fetal anomalies or for early pregnancy.

Q: Who received the cease and desist letters from the Texas attorney general’s office?

A: The cease and desist letters were sent to Her Safe Harbor, Plan C, and Dr. Remy Coeytaux.

Q: What is the potential penalty for violating the cease and desist letters?

A: The attorney general’s office has threatened civil penalties of up to $100,000 per violation.

Q: What is the stance of Her Safe Harbor regarding the cease and desist letters?

A: According to Debra Lynch, a provider at Her Safe Harbor, the organization will continue to mail abortion pills to Texans despite the cease and desist letters.