GOP targets abortion medications
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Abortion is already illegal in Texas, but Republican and Democratic lawmakers have filed a slew of abortion-related bills as they return to Austin for a new legislative session that starts Tuesday.
Why it matters: Abortion restrictions are likely to expand under a GOP majority that has strengthened its hold on the Legislature.
Driving the news: Republicans have turned their attention to abortion pills, which are involved in most abortions.
- House Bill 1339 would reclassify abortion pills as controlled substances, which is similar to a Louisiana law enacted last year.
- HB 1651 would make it a deceptive trade practice to send the pills through the mail without a prescription by an in-state physician, and an in-person medical exam.
- HB 991 would allow lawsuits against websites that provide information about how to obtain an abortion or abortion pills.
State of play: It remains to be seen whether the bills will gain traction, but they're sure to be challenged in the courts even if they pass.
- In 2021, the Legislature barred shipment of abortion medication by mail in the state, but shield laws in blue states where abortion is legal have allowed Texans to still receive the medication.
- Shield laws provide legal protections for patients and health care providers in states where abortion is legal from the reach of states where it is illegal.
The intrigue: Attorney General Ken Paxton sued a New York doctor last month for allegedly sending abortion medication to a woman in Texas.
- The lawsuit, one of the first of its kind, tests the future of shield laws.
By the numbers: Roughly 2,800 abortions in Texas were provided monthly via telehealth under shield law protections between April to June 2024, according to the latest available data from the Society of Family Planning's #WeCount report.
What they're saying: "I don't judge legislators for trying something that doesn't work. But we are demanding that they start swinging," John Seago, president of Texas Right to Life, told the Texas Tribune.
The other side: Democrats will wield little power this session but hope to clarify when a medically necessary abortion is allowed under the state's ban.
- Rep. Donna Howard, D-Austin, filed HB 395 to allow abortions in the case of rape or incest.
- Another measure by Howard, HB 257, would allow physicians to rely on their "best medical judgment" to perform an abortion, and allow abortions to preserve a patient's mental health and fertility.
Reality check: It's unlikely bills from Democrats will even receive a committee hearing.