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Texas Law Takes Effect Allowing Private Suits Over Out-of-State Abortion Pills

The measure seeks to undercut blue-state shield laws by empowering Texans to file civil claims worth at least $100,000 per alleged shipment or prescription.

Overview

  • House Bill 7, in force Thursday, authorizes private residents to sue out-of-state prescribers, manufacturers and distributors that send abortion pills into Texas, with statutory damages of at least $100,000 per violation.
  • Patients are not liable under the statute, and it does not apply in medical emergencies or to care for ectopic pregnancies or miscarriages.
  • Lawmakers narrowed who can profit from lawsuits by capping non-relatives to 10% of awards and directing the remainder to a charity chosen by the plaintiff.
  • The statute mirrors Texas’ 2021 private-enforcement model and is expected to trigger interstate legal fights as anti-abortion organizers prepare cases and signal potential appeals that could test shield laws.
  • Several shield-law telehealth providers say they will keep mailing pills to Texans, even as earlier cross-state actions produced mixed outcomes, including a New York judge’s dismissal of a Texas-linked enforcement effort.