Private citizens in Texas granted authorization to initiate lawsuits against abortion pill providers

Private lawmakers in Texas green-light private citizens to file lawsuits against providers offering abortion pills

In a move that could significantly impact access to medication abortions, the Texas Senate has approved a bill that allows private citizens, doctors, and anyone sending abortion medication to be sued. If signed into law by Governor Greg Abbott, this bill would be the first of its kind in the US and add to existing abortion restrictions in Texas.

The bill, known as Senate Bill 8, would empower Texas residents to sue for up to $100,000 those who manufacture, transport, or provide abortion-inducing drugs to anyone in Texas. However, 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 attorneys general of Texas and Florida are seeking to join Idaho, Kansas, and Missouri in an effort to roll back US Food and Drug Administration approvals for mifepristone, one of the drugs used in medication abortions. If successful, the drug could only be distributed in-person, raising concerns about safety and accessibility.

Despite these efforts, the number of abortions has risen nationally, with the proliferation of abortion pills playing a significant role. This trend is evident even in Texas and 11 other states that have enforced bans on abortion in all stages of pregnancy.

The organizations supporting the new Texas law are mainly aligned with the state's conservative lawmakers and pro-life groups. Major medical organizations, including the American College of Obstetricians and Gynaecologists, have expressed their opposition, stating that the drug is safe.

The measure includes provisions to address concerns about women being turned in for seeking to end pregnancies by men who raped them or abusive partners. It also includes a limit of a $10,000 payment for people who aren't themselves injured by the abortion.

The bill includes a clause that bars making public the identity or medical details about a woman who receives the pills. This has led to a situation where New York officials are invoking their states' shield laws to block extradition of Carpenter, a New York doctor, and to refuse to file the civil judgment, in a case where Carpenter is accused of providing abortion pills to a Dallas-area woman.

The Texas judge ordered Carpenter to pay more than $100,000 in penalties for these actions. The same provider, Dr. Maggie Carpenter, faces criminal charges from a Louisiana prosecutor for similar allegations.

In response to these developments, at least eight Democratic-led states have enacted laws to protect medical providers from legal consequences when they use telehealth to prescribe abortion pills to women in states where abortion is illegal.

Texas Right to Life, one of the state's most prominent anti-abortion groups, has called the bill the "strongest pro-life law" in the country. The outcome of this legislation could have far-reaching implications for abortion access and rights in the US.