Residents in Texas now have the ability to sue individuals suspected of facilitating access to abortion pills under the new law.

Texas residents now have the legal right to file lawsuits against individuals suspected of producing, distributing, or sending abortion pills into or out of the state. This unprecedented law is intended to curb the flow of abortion medications into states where the procedure is banned.

Effective Thursday, the law imposes penalties starting at $100,000 for abortion providers who mail pills into Texas. Manufacturers of these medications can also be sued, though women who take the pills are exempt from legal action.

Supporters of the law hope it will intensify the conflict between states protecting abortion rights and those restricting them. It represents the first legislative effort to challenge so-called shield laws, which several progressive states enacted after Roe v. Wade was overturned. Shield laws protect abortion providers from legal repercussions when sending pills across state lines.

Research from the Society of Family Plannings #WeCount project found that by late 2024, providers in shield-law states such as Massachusetts and New York were facilitating over 12,000 abortions monthly for residents in states where abortion is banned, including Texas.

John Seago, president of Texas Right to Life and a key figure behind the states abortion restrictions, stated, They are overstepping their authority by coming into Texas, harming Texas women, and ending Texas pregnancies with abortion pills. We anticipate a legal standoff between Texas and states like New York that could reach the Supreme Court.

The new legislation mirrors a 2021 Texas law, which allowed individuals to sue those believed to have aided or abetted an abortion. While providers previously ceased operations in Texas due to litigation fears, lawsuits were rarely filed. Despite the risks, some providers operating under shield laws have vowed to continue sending abortion pills into Texas.

Dr. Angel Foster, co-founder of the Massachusetts Medication Abortion Access Project (Map), said, We do not practice anticipatory obedience. We will continue providing care nationwide until legally prohibited. Passage of this law alone is not enough for us to change our services, especially given its overreach.

Since Roe v. Wade was overturned, anti-abortion advocates have focused on challenging shield laws and telemedicine, which now accounts for roughly 25% of abortions in the U.S. Despite these efforts, the number of abortions in the country has increased.

Legal actions against shield-law providers have seen limited progress. Texas Attorney General Ken Paxton filed lawsuits against a New York doctor and a county clerk involved in mailing abortion pills, but a New York judge dismissed the case. Louisiana has also pursued charges against out-of-state providers, with no significant results so far.

Amelia, a Texas resident who used abortion pills through Map, described her experience as traumatic yet ultimately empowering. She shared, Realizing I was pregnant was overwhelming, but taking the pills safely over a weekend gave me control over my decision. I am grateful to have had that option.

However, the new Texas law has left her considering leaving the state. Its frightening and disheartening. This law affects all women and families who may need access to reproductive care, she said.

Author: Jackson Miller