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Newly-elected Texas AG says he won't enforce state pro-life law
Nathan Johnson, who will become the next Attorney General for the state of Texas, said he will not sue out-of-state abortionists who violate Texas laws upon taking office.
Texas House Bill 7 allows someone to file a civil suit against someone for the manufacture, distribution, mailing, prescribing, or provision of abortion-inducing drugs in Texas.
Nathan Johnson was elected as the next attorney general of Texas.
In new remarks, he said he would not sue anyone under the bill.
Last year, Governor Greg Abbott signed House Bill 7 into law, barring the flow of abortion pills into the pro-life state. HB 7 closed a loophole in the Texas law protecting most preborn children from abortion, by ensuring the abortion pill cannot be circulated within the state. Like the Heartbeat Act, the law is enforced through civil lawsuits.
Under HB7, all organizations, distributors, health care providers, and individuals are barred from circulating the abortion pill. It does, however, allow mifepristone and misoprostol to be prescribed for non-abortion purposes.
The text of the law states (emphasis 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.
“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,” Senator Bryan Hughes, who sponsored the bill, said.
Ken Paxton, who will be replaced by Johnson as attorney general, has previously sued Aid Access for mailing abortion pills into Texas, and specifically singled out Aid Access founder Dr. Rebecca Gomperts and California abortionist Dr. Remy Coeytaux.
The Texas Tribune reported that Johnson has announced he will not enforce HB 7.
Less than 24 hours after the election, Johnson told the Tribune he cannot change the law, but that he can refuse to sue anyone, essentially allowing abortion pills to flow into the state.
"The first thing I do when people ask me about abortion is point out that I’m not a legislator, and I can’t change abortion law,” Johnson said. “What I can do is cease using Texas abortion laws as an instrument of persecution and intimidation, harassment and political showboating. All four of those things have happened.”
He also specifically pointed to shield laws in pro-abortion states like California and New York, which he said he would respect.
“I will not pursue the judicially absurd position that Texas law has extra territorial effect," he said. "I can honor other states’ shield laws.”
Gina Hinojosa said before the election that she would likely not be able to overturn HB 7, but instead, according to University of Houston political professor Brandon Rottinghaus, limit how it is applied. “She can influence how portions of the law are implemented, and how certain exceptions are interpreted, and other reasonable additional restrictions that might become law eventually,” he explained.
This announcement confirms fears from the pro-life movement that widespread Democratic victories will put the lives of preborn children at risk.
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
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·Newly-elected Texas AG says he won't enforce state pro-life law
Nathan Johnson, who will become the next Attorney General for the state of Texas, said he will not sue out-of-state abortionists who violate Texas laws upon taking office.
Texas House Bill 7 allows someone to file a civil suit against someone for the manufacture, distribution, mailing, prescribing, or provision of abortion-inducing drugs in Texas.
Nathan Johnson was elected as the next attorney general of Texas.
In new remarks, he said he would not sue anyone under the bill.
Last year, Governor Greg Abbott signed House Bill 7 into law, barring the flow of abortion pills into the pro-life state. HB 7 closed a loophole in the Texas law protecting most preborn children from abortion, by ensuring the abortion pill cannot be circulated within the state. Like the Heartbeat Act, the law is enforced through civil lawsuits.
Under HB7, all organizations, distributors, health care providers, and individuals are barred from circulating the abortion pill. It does, however, allow mifepristone and misoprostol to be prescribed for non-abortion purposes.
The text of the law states (emphasis 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.
“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,” Senator Bryan Hughes, who sponsored the bill, said.
Ken Paxton, who will be replaced by Johnson as attorney general, has previously sued Aid Access for mailing abortion pills into Texas, and specifically singled out Aid Access founder Dr. Rebecca Gomperts and California abortionist Dr. Remy Coeytaux.
The Texas Tribune reported that Johnson has announced he will not enforce HB 7.
Less than 24 hours after the election, Johnson told the Tribune he cannot change the law, but that he can refuse to sue anyone, essentially allowing abortion pills to flow into the state.
"The first thing I do when people ask me about abortion is point out that I’m not a legislator, and I can’t change abortion law,” Johnson said. “What I can do is cease using Texas abortion laws as an instrument of persecution and intimidation, harassment and political showboating. All four of those things have happened.”
He also specifically pointed to shield laws in pro-abortion states like California and New York, which he said he would respect.
“I will not pursue the judicially absurd position that Texas law has extra territorial effect," he said. "I can honor other states’ shield laws.”
Gina Hinojosa said before the election that she would likely not be able to overturn HB 7, but instead, according to University of Houston political professor Brandon Rottinghaus, limit how it is applied. “She can influence how portions of the law are implemented, and how certain exceptions are interpreted, and other reasonable additional restrictions that might become law eventually,” he explained.
This announcement confirms fears from the pro-life movement that widespread Democratic victories will put the lives of preborn children at risk.
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
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