Texas House Advances Bill Allowing $100,000 Lawsuits Against Out-of-State Abortion Pill Providers

Texas lawmakers have advanced legislation allowing private citizens to sue out-of-state providers and distributors of abortion medications, with successful lawsuits potentially yielding at least $100,000 in damages. The bill, which passed the state House, aims to curtail the mailing of abortion medications into Texas. This measure represents a significant escalation in the state's efforts to restrict abortion access.

Under the proposed legislation, nearly any private citizen could initiate a lawsuit against those involved in providing or distributing abortion-inducing drugs to Texans, even if the medication originates outside the state. While successful plaintiffs could be awarded a minimum of $100,000, unrelated individuals would receive $10,000, with the remainder directed to a charity of their choosing. The bill specifically exempts pregnant women who take the medication from being sued.

The measure comes as Texas, which has a near-total abortion ban, seeks to address the rising trend of medication abortions obtained via mail from states where the procedure remains legal. Supporters, such as Amy O'Donnell of Texas Alliance for Life, view the bill as a crucial tool to combat "illegal abortion-by-mail" and protect women. She stated, "The revised version of HB 7 provides another tool against illegal abortion-by-mail while including vital protections for women."

Opponents argue the bill overextends Texas's jurisdiction, potentially creating interstate legal conflicts and undermining "shield laws" in other states designed to protect abortion providers. Blair Wallace, a policy and advocacy strategist at the ACLU of Texas, commented that the bill "will fuel fear among manufacturers and providers nationwide, while encouraging neighbors to police one another’s reproductive lives." Legal experts anticipate further challenges regarding the enforceability of one state's laws across state lines.

The legislation, House Bill 7, passed the Texas House with an 82-48 vote and is now awaiting a vote in the Republican-dominated state Senate. If approved there, it would proceed to Governor Greg Abbott's desk for signature. As reported by The New York Times, this move by Texas lawmakers is part of a broader national strategy by abortion opponents to target medication abortion and expand restrictions beyond state borders.