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13h ago

Texas Man’s Wrongful-Death Suit Invokes Comstock Act to Challenge Telehealth Abortion Shield Laws

Experts say the case could decide whether states can enforce abortion bans across borders or must defer to telehealth protections in other jurisdictions.

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In this photo illustration, A packet of Mifepristone is seen at Wyoming's last abortion clinic, Wellspring Center March 10, 2025 in Casper, Wyoming.
Mifepristone tablets are seen in a Planned Parenthood clinic on July 18, 2024, in Ames, Iowa.

Overview

  • On July 23, 2025, Jerry Rodriguez filed the first individual federal wrongful-death suit in the Southern District of Texas against Dr. Remy Coeytaux for mailing abortion pills to his girlfriend in violation of Texas law.
  • The complaint alleges Coeytaux sent mifepristone for two pregnancy terminations in September 2024 and January 2025, breaching both the state’s near-total abortion ban and a dormant 19th-century Comstock Act.
  • Rodriguez, represented by Jonathan Mitchell, seeks at least $75,000 in damages and a nationwide injunction to bar Coeytaux and other providers from mailing abortion-inducing drugs on behalf of current and future fathers.
  • California’s shield law protects telehealth abortion providers from civil or criminal liability, creating a direct legal conflict with Texas enforcement efforts in federal court.
  • Legal experts anticipate appeals to the Fifth Circuit and potentially the U.S. Supreme Court, where the case could set a national precedent on interstate abortion access.