Texas Governor Greg Abbott has signed a contentious bill into law, intensifying the state’s crackdown on mail-order abortion medications. The legislation, which was passed by the Republican-led legislature earlier this month, empowers private citizens to sue individuals and companies involved in shipping abortion pills into Texas. Critics argue that the measure fosters a climate of ‘bounty hunters’ and imposes Texas’s restrictive abortion laws on other states. The bill, signed quietly on Wednesday night, aims to further restrict access to abortion in a state where nearly all abortions are already banned. It is set to take effect in approximately three months. The law allows citizens to file lawsuits against medical providers, pharmaceutical companies, delivery services, and individuals aiding in the procurement of abortion pills, such as mifepristone and misoprostol. Successful plaintiffs can win $100,000 in damages per violation, though women who take the pills are exempt from liability. Exceptions also exist for medically necessary procedures like miscarriages and ectopic pregnancies. The bill’s enforcement mechanism mirrors the ‘qui tam’ provisions of the False Claims Act, which incentivizes whistleblowers to expose fraud. This approach has been increasingly adopted by social conservatives to enforce anti-abortion laws. The measure has sparked significant debate, with critics warning it will pit Texans against each other. State Senator Carol Alvarado, a Democrat from Houston, criticized the bill, stating, ‘The bill only works if we turn Texans against each other.’ Abortion rights advocates highlight that medication-induced abortions now account for 63% of all U.S. abortions, a significant increase since the Supreme Court overturned Roe v. Wade in 2022. With many abortion clinics closed, telehealth and mail-order services have become vital for women seeking abortions in states with restrictive laws. The Texas law raises questions about its potential to undermine ‘shield laws’ in Democratic-led states that protect abortion providers from out-of-state legal actions. The bill’s proponents, including Texas Right to Life president John Seago, argue it is necessary to hold accountable those who circumvent Texas’s abortion ban. However, the measure has drawn widespread criticism for its potential to create a surveillance state and further restrict reproductive rights.
