The Texas legislature has passed House Bill 7, a controversial measure that allows private citizens to sue anyone involved in the prescription, distribution, or provision of abortion medication in the state. Governor Greg Abbott is anticipated to sign the bill into law, according to a report by KXAN. The bill passed with a 17-8 vote in the Senate late Wednesday and is expected to influence similar bills in other states aiming to restrict access to abortion medication.
Under the terms of the bill, Texans can sue for damages up to $100,000, although it explicitly states that women who use abortion medication cannot sue. Senator Bryan Hughes, the bill's sponsor, claimed the legislation aims to "protect the unborn and pregnant women from 'poisonous, illegal drugs'" as well as to "hold Big Pharma accountable," as stated in KXAN's report. The bill retains some protections for drug manufacturers and distributors, particularly for those involved with medication for medical emergencies, ectopic pregnancies, miscarriages, or stillbirths. Moreover, Texas hospitals and physicians who solely practice in the state are exempt from being sued under this bill.
Texas has been at the forefront of hardening abortion restrictions, having almost entirely banned the procedure. However, access to mail-order abortion medication persists through telehealth providers in states with abortion shield laws. Texas Republicans have been persistently trying to curb the flow of these medications into the state, which has led to several legal battles detailed in a report by WKRG. The current effort through HB 7 is seen as a tactical move to challenge the legality of distributing abortion medication after direct lawsuits against providers in California and New York have been ineffective against abortion shield laws.
Legal experts postulate that the escalating legal confrontations might push the Supreme Court to weigh in on the conflict between state abortion laws and federal protections. This comes after Texas Attorney General Ken Paxton's lawsuit against a New York doctor, which resulted in a $100,000 fine imposed by a state judge, according to a statement by WKRG. The push from Texas has found support from other states, with Texas and Florida asking to join a lawsuit led by Missouri, Kansas, and Idaho, seeking to restrict access to Mifepristone nationally. Jessica Waters, a senior scholar at American University, told WKRG that "These are all parallel efforts, and I think the theory is that one of them is going to stick."
Both supporters and opponents of the bill perceive it as a future model for other states looking to restrict abortion medication. Texas Right to Life President John Seago heralded the bill as a "blueprint for the rest of the country," a sentiment captured by WKRG.
