Texas on Cusp of Allowing Citizens to Sue on Abortion Pills

A measure that would allow Texas residents to sue out-of-state abortion pill providers advanced to Gov. Greg Abbott's desk on Wednesday, setting the state up to be the first to try to crack down on the most common abortion method. Supporters say it's a key tool to enforce the state's abortion ban, protecting women and fetuses. Opponents, however, see it not only as another way to rein in abortion but as an effort to intimidate abortion providers outside Texas who are complying with the laws in their states—and to encourage a form of vigilantism, per the AP. If the measure becomes law, it's nearly certain to spark legal challenges from abortion rights supporters.

Under the measure, Texas residents could sue those who manufacture, transport, or provide abortion-inducing drugs to anyone in Texas. Women who receive the pills for their own use wouldn't be liable. Under the bill, providers could be ordered to pay $100,000. But only the pregnant woman, the man who impregnated her, or other close relatives could collect the entire amount. Anyone else who sues could receive only $10,000, with the remaining $90,000 going to charity.

Lawmakers also added language to address worries that women would be turned in for seeking to end pregnancies by abusive partners or men who raped them. For instance, a man who impregnated a woman through sexual assault wouldn't be eligible. The measure has provisions that bar making public the identity or medical details about a woman who receives the pills. It wasn't until those provisions were added, along with the limit of a $10,000 payment for people who aren't themselves injured by the abortion, that several major Texas anti-abortion groups backed the bill.

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Anna Rupani, executive director of Fund Texas Choice, said the measure is intended to threaten out-of-state providers and women in Texas. "This is about the chilling effect," she said. "This is yet another abortion ban that is allowing the state to control people's health care lives and reproductive decisions." Earlier this year a Texas judge ordered a New York doctor to pay more than $100,000 in penalties for providing abortion pills to a Dallas-area woman. The same provider, Dr. Maggie Carpenter, faces criminal charges from a Louisiana prosecutor for similar allegations. New York officials are invoking their state's shield laws to block extradition of Carpenter and to refuse to file a civil judgment.