Texas lawmakers have approved new legislation giving state residents the ability to sue out-of-state providers who mail abortion pills into the state. The bill, expected to be signed into law by Governor Greg Abbott on Thursday, strengthens Texas’s already strict abortion restrictions.
Under the new measure, individuals may file lawsuits against manufacturers and distributors of abortion medication. Successful plaintiffs could be awarded at least $100,000 in damages. Payments may be directed to the woman involved, the man who fathered the child, or family members. Importantly, women who take the pills themselves cannot be sued.
If a lawsuit is filed by someone outside the family, they may collect $10,000, while the remaining damages would be donated to charity, according to the bill’s language.
Texas currently enforces one of the toughest abortion bans in the nation, following the 2022 Supreme Court decision that overturned Roe v. Wade. Opponents of the legislation argue that it encourages community surveillance and creates further barriers for women seeking reproductive care. Blair Wallace of the ACLU of Texas criticized the move, stating it “motivates neighbors to police one another’s reproductive lives.”
Abortion pills, typically involving a two-step process with mifepristone and misoprostol, account for nearly two-thirds of abortions in the United States. These medications are generally prescribed during the first 12 weeks of pregnancy.
Meanwhile, several Democrat-led states have enacted “shield laws” that protect providers who prescribe and mail abortion pills across state lines. However, the Texas bill explicitly states such shield laws cannot be used as a defense in lawsuits filed under this legislation.
Legal experts expect the law to face multiple challenges in court. The issue could eventually reach the U.S. Supreme Court, which may be tasked with deciding whether state bans or shield laws take precedence.
