Introduction to the Texas Legislation
A measure that would allow nearly any private citizen to sue out-of-state prescribers and others who send abortion pills into Texas has won first-round approval in the state House. This bill is part of the ongoing effort by abortion opponents to fight the broad use of abortion pills, which are used in the majority of abortions in the U.S. — including in states where abortion is illegal. The bill passed in the House on Thursday and could receive a final vote in the Republican-dominated state Senate next week. If that happens, it would be up to Republican Gov. Greg Abbott to decide whether to sign it into law.
Here are things to know about the Texas legislation and other legal challenges to abortion pills. The bill is the first law of its kind in the country, and its approval has sparked controversy and debate. The legislation is part of a broader effort to restrict access to abortion, particularly in states where it is already heavily restricted or banned.
The Texas Measure: A New Approach to Crack Down on Pills
Even before the U.S. Supreme Court in 2022 overturned Roe vs. Wade and allowed state abortion bans, pills — most often a combination of mifepristone and misoprostol — were the most common way to obtain abortion access. Now, with Texas and 11 other states enforcing bans on abortion at all stages of pregnancy, and four more that bar most of them after about the first six weeks of gestation, the pills have become an even more essential way abortion is provided in the United States.
“We believe that women need to be protected from the harms of chemical abortion drugs,” said Amy O’Donnell, a spokesperson for Texas Alliance for Life, which supports the bill. “They harm women and their intent is to harm unborn babies.” The bill’s supporters argue that it is necessary to protect women and unborn babies from the potential harm caused by abortion pills.
Under the bill, providers could be ordered to pay $100,000. But only the pregnant woman, the man who impregnated her or other close relatives could collect the entire amount. Anyone else who sues could receive only $10,000, with the remaining $90,000 going to charity. The measure echoes a 2021 Texas law that uses the prospect of lawsuits from private citizens to enforce a ban on abortion once fetal activity can be detected — at about six weeks’ gestation.
Provisions and Controversies
The pill bill contains provisions intended to keep those with a history of family violence from collecting and barring disclosure of women’s personal or medical information in court documents. However, critics argue that the bill is problematic and establishes a “bounty hunting system” to enforce Texas’ laws beyond the state laws. Anna Rupani, executive director of Fund Texas Choice, a group that helps women access abortion, including by traveling to other states for it, said, “It establishes a bounty hunting system to enforce Texas’ laws beyond the state laws.”
The bill’s opponents argue that it will have a chilling effect on abortion providers and will make it more difficult for women to access abortion services. They also argue that the bill is an overreach of state power and will lead to further legal battles between states.
A Law Could Open the Door to Further Battles Between States
While most Republican-controlled states have restricted or banned abortions in the last three years, most Democratic-controlled states have taken steps to protect access. And at least eight states have laws that seek to protect prescribers who send abortion pills to women in states where abortion is banned. There are already legal battles that could challenge those, both involving the same New York doctor.
Louisiana has brought criminal charges against Dr. Maggie Carpenter, accusing her of prescribing the pills to a pregnant minor. And a Texas judge has ordered her to pay a $100,000 penalty plus legal fees for violating that state’s ban on prescribing abortion medication by telemedicine. New York officials are refusing to extradite her to Louisiana or to enter the Texas civil judgment. If the Texas law is adopted, it’s certain to trigger a new round of legal battles over whether laws from one state can be enforced in another.
Legal Battles and Challenges
“It’s very different from what’s come before it,” said Greer Donley, a University of Pittsburgh law professor who studies the legal landscape of abortion. The legal battles surrounding abortion pills are complex and multifaceted, involving questions of state power, federal regulation, and individual rights. The outcome of these battles will have significant implications for women’s access to abortion services and the future of reproductive rights in the United States.
Two Key States Seek to Get Into Anti-Mifepristone Legal Battle
Texas and Florida — the second and third most populous states in the country — asked a court this month to let them join a lawsuit filed last year by the Republican attorneys general of Idaho, Kansas and Missouri to make mifepristone harder to access. Those states contend — as many abortion opponents do — that mifepristone is too risky to be prescribed via telehealth and that the U.S. Food and Drug Administration should roll back approvals and tighten access.
The U.S. Supreme Court last year unanimously rejected a case making similar arguments, saying the anti-abortion doctors behind it lacked the legal standing to take up the case. Last week, more than 260 reproductive health researchers from across the nation submitted a letter to the FDA affirming the safety record of mifepristone. In the letter, the researchers urge the FDA not to impose new restrictions on the drug and to make decisions based on “gold-standard science.”
The FDA and Mifepristone
The FDA is also facing a lawsuit from a Hawaii doctor and healthcare associations arguing that it restricts mifepristone too much. The FDA’s regulation of mifepristone is a critical aspect of the abortion pill debate, with both sides presenting competing arguments about the drug’s safety and efficacy. The outcome of these legal battles will have significant implications for the future of reproductive rights and access to abortion services in the United States.
Conclusion
The Texas legislation and other legal challenges to abortion pills represent a significant and complex issue in the ongoing debate over reproductive rights in the United States. The bill’s approval and potential implementation will have far-reaching implications for women’s access to abortion services, particularly in states where abortion is already heavily restricted or banned. As the legal battles surrounding abortion pills continue to unfold, it is essential to consider the competing arguments and perspectives on this critical issue.
Frequently Asked Questions
Q: What is the Texas legislation, and how does it relate to abortion pills?
A: The Texas legislation is a bill that would allow nearly any private citizen to sue out-of-state prescribers and others who send abortion pills into Texas. The bill is part of the ongoing effort by abortion opponents to fight the broad use of abortion pills, which are used in the majority of abortions in the U.S.
Q: What are the provisions of the bill, and how do they affect abortion providers and women seeking abortion services?
A: The bill contains provisions intended to keep those with a history of family violence from collecting and barring disclosure of women’s personal or medical information in court documents. However, critics argue that the bill establishes a “bounty hunting system” to enforce Texas’ laws beyond the state laws, which will have a chilling effect on abortion providers and make it more difficult for women to access abortion services.
Q: What are the legal battles surrounding abortion pills, and how do they involve state power and federal regulation?
A: The legal battles surrounding abortion pills involve questions of state power, federal regulation, and individual rights. The outcome of these battles will have significant implications for women’s access to abortion services and the future of reproductive rights in the United States. The Texas legislation and other legal challenges to abortion pills represent a critical aspect of this debate, with both sides presenting competing arguments about the safety and efficacy of abortion pills.
