Introduction to the Abortion Bill
The Texas Senate has given its final approval to a bill that limits the use of abortion pills in the state. This bill is one of the few remaining avenues for Texans seeking abortions. The bill, which was approved on Wednesday evening, creates a new enforcement mechanism for the state’s strict abortion ban. This mechanism allows regular citizens to file civil lawsuits against anyone who ships abortion pills into Texas or distributes them within the state.
How the Bill Works
If a pregnant woman or one of her family members successfully sues under the bill, they would receive a payout of at least $100,000. However, if any other person successfully sues, they would be required to donate the bulk of the payout to a charity. The bill will now be sent to Governor Greg Abbott, who is expected to sign it into law.
Political Implications
The Senate gave its final approval vote to the bill on Wednesday evening, after initial approvals earlier in the week. The House had already approved the bill the previous week. House Bill 7 was authored by Representative Jeff Leach and sponsored by Senator Bryan Hughes. The bill allows citizens to have a hand in enforcing the abortion ban, using the same framework as the 2021 abortion ban. This framework authorizes any Texan to sue and potentially receive a payout, although the US Supreme Court has not ruled on the constitutionality of such a mechanism.
Concerns and Controversies
Democratic lawmakers have raised concerns about the bill’s constitutionality during hearings and floor debates. Senator Nathan Johnson stated that the bill turns "every person in this state into a mercenary-for-hire." The bill targets an abortion pathway that anti-abortion advocates and lawmakers have struggled to close. Although it is already illegal to ship abortion pills into Texas, Attorney General Ken Paxton has struggled to enforce the law against out-of-state providers who mail pills into the state.
Data and Statistics
Data from the Society of Family Planning shows that between 2,500 and 4,000 telehealth-provided abortions occurred in Texas each month throughout 2024. This highlights the need for effective enforcement mechanisms to regulate abortion pills in the state.
Exemptions and Exceptions
Under the bill, doctors and hospitals cannot be sued for providing legal abortions during medical emergencies or for using abortion medication for other purposes. The bill also does not allow lawsuits against pregnant women seeking abortions for themselves. However, it would allow lawsuits against out-of-state doctors who prescribe or ship abortion pills, family and friends who help a woman obtain abortion pills, and others.
Conclusion
The bill limiting the use of abortion pills in Texas has been approved by the Senate and is expected to be signed into law by Governor Greg Abbott. The bill creates a new enforcement mechanism for the state’s strict abortion ban, allowing citizens to file civil lawsuits against those who distribute abortion pills. While the bill has raised concerns about its constitutionality, it aims to regulate an abortion pathway that has been difficult to close. As the bill becomes law, it is likely to have significant implications for abortion rights in Texas.
FAQs
Q: What is the purpose of the bill limiting the use of abortion pills in Texas?
A: The bill aims to create a new enforcement mechanism for the state’s strict abortion ban, allowing citizens to file civil lawsuits against those who distribute abortion pills.
Q: How much would a successful lawsuit under the bill payout?
A: A successful lawsuit by a pregnant woman or her family member would payout at least $100,000, while other successful lawsuits would require the bulk of the payout to be donated to a charity.
Q: Has the US Supreme Court ruled on the constitutionality of the bill’s enforcement mechanism?
A: No, the US Supreme Court has not ruled on the constitutionality of the mechanism, which authorizes any Texan to sue and potentially receive a payout.
Q: Are there any exemptions or exceptions under the bill?
A: Yes, doctors and hospitals cannot be sued for providing legal abortions during medical emergencies or for using abortion medication for other purposes, and pregnant women seeking abortions for themselves cannot be sued.
Q: How many telehealth-provided abortions occurred in Texas each month throughout 2024?
A: According to data from the Society of Family Planning, between 2,500 and 4,000 telehealth-provided abortions occurred in Texas each month throughout 2024.
