Texas lawmakers approve measure targeting abortion pill providers across state lines

A new Texas measure that would let residents sue out-of-state providers of abortion pills is now awaiting Governor Greg Abbott’s signature, positioning the state to become the first in the US to pursue such a crackdown on medication abortion—the most widely used method. Supporters argue the bill strengthens Texas’s abortion ban and protects women and unborn children. Critics, however, warn it’s designed to intimidate providers who legally prescribe pills from outside Texas and encourage citizen-led enforcement.

If enacted, the law is almost certain to draw court challenges from abortion rights groups. The proposal allows Texans to sue anyone who manufactures, ships, or prescribes abortion-inducing drugs to a patient in the state, with potential penalties of up to $100,000. Women who take the pills themselves would not be liable. Under the structure, only a woman’s close relatives or the man who impregnated her could claim the full award. Other plaintiffs would receive $10,000, with the remainder directed to charity. The bill also prohibits revealing the identities or medical information of patients, and bars abusers or rapists from benefiting financially from lawsuits.

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These changes, along with limits on payouts for unrelated plaintiffs, helped secure support from major Texas anti-abortion groups. Texas has previously relied on citizen-enforcement mechanisms. In 2021, a law let private citizens collect $10,000 for successfully suing anyone involved in facilitating an abortion. But that statute didn’t extend to providers outside the state. Medication abortion has been a central target for opponents, especially since pills now account for the majority of abortions nationwide. Their availability has increased since the Supreme Court overturned Roe v. Wade in 2022, despite bans in Texas and other states.

At least eight Democratic-led states have passed “shield laws” to protect providers who prescribe abortion pills via telehealth to patients in states with bans. Texas advocates say the new measure is aimed at undermining those protections. “This is about creating a chilling effect,” said Anna Rupani, head of Fund Texas Choice. “It’s another attempt to control people’s health care and reproductive choices.”

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The issue has already surfaced in the courts. Earlier this year, a New York physician was ordered by a Texas judge to pay over $100,000 for sending abortion pills to a Dallas woman. The same doctor faces charges in Louisiana, though New York officials have invoked shield laws to block extradition and reject the civil judgment. How higher courts rule could shape the future of those protective laws. Meanwhile, Texas and Florida are joining other conservative states in challenging the FDA’s approval of mifepristone, a key abortion drug, arguing for tighter restrictions. Medical experts, including the American College of Obstetricians and Gynecologists, maintain the medication is safe.