Abortion Pills and the Law
The Texas Senate has given initial approval to a bill that would allow private citizens to sue out-of-state providers of abortion pills for $100,000 or more. This move is aimed at stopping Texans from accessing abortion medications through the mail with a telemedicine prescription from an out-of-state doctor.
What the Bill Entails
Abortion is banned in Texas unless a pregnant woman’s life or a major bodily function is at risk. However, some Texans have still been able to access the abortion medications mifepristone and misoprostol through the mail. House Bill 7 aims to put a stop to this practice by allowing lawsuits against anyone who manufactures, prescribes, or helps a woman in Texas access these pills. A pregnant woman who takes the pills would not be liable under House Bill 7.
Supporters’ Views
State Sen. Bryan Hughes, the author of the Senate companion bill to HB7, believes that "Big Pharma is taking advantage of loopholes in the law and mailing these pills directly to vulnerable women." He and state Rep. Jeff Leach, HB7’s primary author, have cited instances of women receiving abortion pills through the mail without adequate instructions for how to use them, and experiencing medical complications.
Critics’ Views
Critics of HB7 point out that the pills are FDA-approved and broadly considered safe by medical experts. They also argue that self-administered abortion is one of the only options remaining for women seeking abortions. State Rep. Donna Howard said, "Let me be clear: the only reason we have not seen a return to the days of coat hanger abortions is because of the medication abortion pill."
The Bill’s Evolution
HB7 is a refined version of a bill that passed the Senate during the regular legislative session but stalled before reaching the House floor. Several controversial provisions were removed from the original version of the bill or tweaked. Doctors and medical groups in Texas are not liable under HB7, and internet search engines used in the course of seeking abortion medication are also exempted.
Anti-Abortion Groups’ Stance
Certain anti-abortion groups, including the Texas Alliance for Life, initially held back support for HB7 due to concerns that the large financial reward outlined in the bill would incentivize "financial bounty hunters." However, the Texas Alliance for Life gave its support to the final version of HB7, which explicitly prohibits exposure of personal medical information in court filings.
Conclusion
The bill’s language also gestures toward "shield laws," which several other states have enacted to protect health care providers from lawsuits originating from states where abortion is banned. As the bill heads to Gov. Greg Abbott’s desk, it remains to be seen how it will impact women’s access to abortion pills in Texas. The clash between Texas’ laws and those of other states, such as New York, may ultimately have to be weighed in by a federal court.
