The Texas legislature’s 2025 session is bringing a renewed focus to abortion laws, particularly with an emphasis on restricting access to abortion pills. A growing trend across the United States, abortion pills have been used as a workaround for the state’s restrictive abortion bans. These bans were amplified following the U.S. Supreme Court’s 2022 Dobbs decision, which overturned the landmark 1973 Roe v. Wade ruling. Texas, known for its aggressive anti-abortion stance, was one of the first states to pass a near-total abortion ban that effectively criminalizes most abortions. While the law has made it difficult for many to access abortion procedures, the availability of abortion pills has offered an alternative route, much to the frustration of Texas anti-abortion advocates.
The new bills filed in Texas target this loophole, attempting to close the route for obtaining abortion pills through both mail-order services and underground networks. John Seago, the president of Texas Right to Life, has emphasized the urgency of addressing what the group sees as an unregulated flow of abortion pills into the state. According to Seago, the use of abortion pills is one of the primary ways that people in Texas are still able to bypass abortion bans. Texas Right to Life, one of the state’s largest and most influential anti-abortion advocacy groups, has crafted several bills aimed at eliminating this option and giving Texans more tools to stop the practice.
One of the central goals for these bills is to make it illegal to send abortion pills through the mail unless prescribed by a Texas doctor, in accordance with Texas law. The bills would also increase penalties for individuals or organizations distributing the pills without complying with state regulations. Some bills go as far as to classify abortion drugs as controlled substances, making their distribution a more serious crime, similar to the way illegal drugs are regulated. These efforts are designed to prevent the medication from reaching women in Texas who are seeking abortions, as the pills are often obtained from states with fewer restrictions or through underground networks.
An innovative aspect of these new bills is the use of lawsuits as a method of enforcement. Following the passage of Senate Bill 8 in 2021, which allows private citizens to sue anyone involved in facilitating an abortion, the state of Texas is now seeking to expand this tactic to target websites and online platforms that provide information or assist in obtaining abortion pills. The bills would empower private citizens to sue internet service providers (ISPs) that host websites offering abortion medication, such as Aid Access, Plan C, and Hey Jane. In essence, this strategy would involve using private citizens as a mechanism for enforcement, making it more difficult for abortion advocates to function without fear of legal repercussions.
The prospect of suing ISPs to block abortion information and services raises complex legal questions. Mary Ziegler, a law professor at the University of California-Davis, has warned that the application of Texas law beyond its borders could lead to significant conflicts between state and federal laws. Ziegler believes this could create a messy legal situation, as courts would need to determine whether Texas can regulate speech and access to information outside its borders, particularly when it comes to the internet. The First Amendment guarantees free speech, and courts would likely have to weigh these constitutional protections against state laws restricting access to abortion.
At the same time, Texas lawmakers are working with a combination of political leverage and legal maneuvers. With the Republican Party controlling the Texas legislature and many of its key positions, the bills targeting abortion pills are likely to receive significant support. Additionally, the influence of Texas Right to Life and other anti-abortion organizations is likely to play a key role in pushing these measures forward. For these groups, the focus on abortion pills is seen as the next step in a years-long campaign to limit abortion access in the state.
However, the legal challenges against these new restrictions are already beginning. For example, in December 2023, Texas Attorney General Ken Paxton filed a lawsuit against a New York doctor for allegedly mailing abortion pills to a woman in Texas, setting the stage for a battle that could test the effectiveness of Texas’ shield laws. Shield laws are intended to protect abortion providers in states where abortion is legal by preventing out-of-state legal challenges. The outcome of this case could help determine whether other states with looser abortion laws can continue to provide abortion pills to residents of states like Texas, where abortion access is severely restricted.
Democratic lawmakers in Texas are proposing measures aimed at providing more clarity for medical professionals who must navigate the complex abortion laws in the state. These bills would allow doctors to use their medical judgment to treat patients and clarify the exceptions to the state’s abortion bans. Notably, Democrats have also proposed bills to carve out exceptions for rape and incest, allowing women who have been victims of these crimes to access abortion services. However, these proposals are unlikely to gain traction in the Republican-controlled legislature, where the focus remains on restricting abortion access at all costs.
In addition to these legal and political maneuvers, the introduction of lawsuits by individuals seeking to hold doctors and activists accountable for facilitating abortion access reflects the increasingly hostile environment surrounding reproductive rights in Texas. Texas Right to Life has even encouraged men to file lawsuits against those who have helped their partners obtain abortions, further intensifying the culture of litigation surrounding reproductive healthcare in the state. This move has led to several high-profile cases, including one in which a Texas man filed a lawsuit against his ex-wife’s friends for allegedly assisting her in obtaining an abortion pill. Though the case was eventually dropped, it highlighted the willingness of anti-abortion advocates to pursue aggressive legal strategies to curb abortion access.
The broader implications of these legislative actions could extend well beyond Texas. As other Republican-led states look to Texas for guidance, the strategies used to limit access to abortion pills may be replicated across the country. This could create a patchwork of legal restrictions that vary from state to state, making it increasingly difficult for women to access the reproductive healthcare they need. It could also lead to more complex legal battles over the rights of individuals seeking abortion pills and the ability of states to enforce such bans.
Despite these challenges, abortion rights advocates are prepared to continue fighting for access to reproductive healthcare in Texas and beyond. Legal challenges to the new bills, along with efforts to strengthen the protections for abortion providers in blue states, are expected to continue as the battle for reproductive rights intensifies. As the Texas legislature moves forward with its anti-abortion agenda, it is clear that the debate over abortion pills and other reproductive healthcare options is far from over. The coming years will likely see an ongoing struggle between pro-choice and anti-abortion groups, with the outcome of these battles having profound implications for the future of reproductive rights in the United States.
