New Texas Abortion Law Targets Mailed Pills, Setting Up National Legal Clash

A massive new abortion law in Texas that goes into effect on Wednesday could make national legal fights over telehealth abortions and the mailing of abortion drugs even more heated. This could lead to court challenges that could go all the way to the U.S. Experts suggest that this could potentially escalate to the U.S. Supreme Court.

Anyone can sue health care workers who "make abortion medications available in Texas" under House Bill 7, which goes into effect on December 4. The minimum fine is $100,000. Some people who support the rule say that it also lets individuals sue drug companies in civil court, but not people who get abortions.

The law is Texas's most direct attempt yet to stop online abortions, which have become crucial for people in states that have banned them since Roe v. Wade was overturned. According to research, about a quarter of all abortions are now done through telehealth, and about half of those happen in places with strict rules.

Even though there are new fines, some out-of-state telehealth services say they will still mail medicines to Texans. Providers say that shield rules in states where abortion is still legal keep Texas courts from enforcing them. Elisa Wells, who is in charge of access for Plan C, said that she has not heard any signs that companies are going to stop giving Texas remote services. People are even more eager to help people in Texas get abortion pills now that this law is in effect, she said.

Danco and GenBioPro, two companies that make mifepristone, refused to comment. But anti-abortion groups say they are getting ready to sue providers who keep sending pills. John Seago, head of Texas Right to Life, said his group is setting up a statewide network to identify potential cases. He said, "We are putting together a team in case we need to file one of these lawsuits at the end of the year."

The law will likely assess the extent of states' power over providers operating in areas with shield rules. Almost half of the states now protect reproductive health providers in some way, but only eight of those states protect those who serve people anywhere.

Texas officials have already taken civil steps against people who sent abortion drugs by mail. Attorney General Ken Paxton sued a doctor in New York for sending pills, but under New York's shield law, the state would not follow a Texas court's decision. Furthermore, lawyer Jonathan Mitchell has sued abortion doctors in other states several times for wrongful death, saying that an abortion is the same thing as killing a person.

Telehealth groups are closely monitoring a Texas case involving a California doctor named Remy Coeytaux. Mitchell plans to change this case after HB 7 goes into effect. The leader of the Massachusetts Medication Abortion Project, Dr. Angel Foster, said that the case might show how well shield laws work with Texas's new criminal codes. “That will help us understand how the matter will go through the courts and what it will look like,” she said.

HB 7 is similar to Texas's law from 2021 that banned abortions after six weeks. That law was based on private civil cases, but no claims were successful. Some providers say they are sure they can keep doing business because of their history and the strong shield rules in place. Foster said, "We are not going to change anything about how we do things."