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Texas Enacts $100,000 Private Lawsuits Over Mailed Abortion Pills

The measure sets fixed private damages to target mailed pills, positioning Texas for a direct test of blue-state shield protections.

Overview

  • Gov. Greg Abbott signed the first-of-its-kind law Wednesday, authorizing private civil suits against anyone who causes abortion pills to be sent to Texas.
  • The statute takes effect Dec. 4, shields patients from being sued, and could also reach drug manufacturers under certain conditions.
  • The law sets at least $100,000 in damages per claim, with full recovery for the patient, the man who impregnated her, or close relatives, and $10,000 for other successful claimants with the balance directed to charity.
  • Massachusetts-based The MAP says it will keep mailing pills to Texans and cites state shield protections, with abortion-access advocates expecting continued mail delivery from multiple providers.
  • Texas specifies that shield-law countersuit provisions do not apply to these cases, and legal experts anticipate court challenges as related disputes over mifepristone and cross-state enforcement proceed.