Law prohibiting distribution of abortion pill in Texas takes effect

A Texas law prohibiting the circulation of abortion pills in the state went into effect on December 4.

Key Takeaways:

• A law prohibiting the distribution, transportation, and circulation of the abortion pill in the state of Texas has now gone into effect.

• The law stipulates that the abortion pill drugs mifepristone and misoprostol can still be distributed for uses other than induced abortion.

• Several major abortion pill distributors have stated they have no intention of complying with the law.

The Details:

Governor Greg Abbott signed the Woman and Child Protection Act, HB7, in September. The legislation "prohibits the manufacture, distribution, mailing, transportation, delivery, and prescription of abortion-inducing pills for the purpose of obtaining an illegal abortion." It also allows private citizens to sue those suspected of breaking that law, though the woman who takes the abortion pill drugs is exempt from being sued.

The bill aims to close a loophole left open after the state passed its law protecting nearly all preborn children from abortion. Because of that loophole, abortionists practicing in other states were still able to mail abortion pills into the state, resulting in injuries to Texas women and the killing of their preborn children.

“This bill says if you are going to manufacture or ship these illegal, poisonous pills to Texas for the purpose of killing little unborn babies and hurting moms, you will be held accountable,” the legislation's Senate sponsor, Senator Bryan Hughes, previously said.

Zoom In:

Importantly, the Texas bill does not impact the distribution of the abortion pill drugs mifepristone or misoprostol for purposes other than induced abortion, including for miscarriage care.

The law specifically states (emphases added):

'Abortion-inducing drug' means a drug, a medicine, or any other substance, including a regimen of two or more drugs, medicines, or substances, prescribed, dispensed, or administered with the intent of terminating a clinically diagnosable pregnancy of a woman and with knowledge that the termination will, with reasonable likelihood, cause the death of the woman’s unborn child. The term includes off-label use of drugs, medicines, or other substances known to have abortion-inducing properties that are prescribed, dispensed, or administered with the intent of causing an abortion, including the Mifeprex regimen, misoprostol (Cytotec), and methotrexate.  The term does not include a drug, medicine, or other substance that may be known to cause an abortion but is prescribed, dispensed, or administered for other medical reasons.

What We're Hearing:

According to 19thNews, several large telehealth abortion providers have indicated that they have no plans to stop shipping abortion pills into the state, as they are buoyed by the "shield laws" protecting them in their own states.

“If anything, the implementation of this law makes people more determined to help folks in Texas access abortion pills,” Elisa Wells, the access director of Plan C, told the news outlet.

Dr. Angel Foster, co-founder of the Massachusetts Medication Abortion Access Project (Map), presented a similar outlook to The Guardian.

“Our practice mantra has been – since the beginning – no anticipatory obedience. We are going to continue to provide care to patients in all 50 states in DC and all territories until we are legally unable to do so,” Foster said. “Passage of a bill is not a sufficient condition for us to change our practice, particularly one that just appears to be so, so much of an overreach.”

John Seago, the president of Texas Right to Life, indicated his hope that such a response — and jockeying state laws — will bring "shield laws" to the attention of the United States Supreme Court. He referenced an ongoing legal standoff, in which New York is using its shield law to protect Dr. Margaret Carpenter, who mailed abortion pills into Texas, resulting in injury to a Texas woman. Though Texas sought legal action against Carpenter, New York has refused to comply.

“They are going beyond their jurisdiction and their authority by coming into Texas and hurting Texas women and killing Texas babies with abortion pills,” he said. “We think there is going to be a kind of this standoff between Texas and New York that maybe goes back to the supreme court. I would be very interested to get that case. We’re actually looking to spur that on.”

The Bottom Line:

For now, preborn children — and their mothers — have one more layer of protection from abortion in the state of Texas. But the fight to stop distribution of the dangerous abortion pill continues.