Texas Picks The Abortion Fight Everyone Saw Coming

The Senate of Texas adopted the new legislation on Hunter style abortion on Wednesday evening to cancel the abortion pills by post, targeting a method which slipped through the prohibition of abortion and contributed to the slight increase in the total number of abortions since the Supreme Court decided that the Supreme Court decided Dobbs.

The Governor of Texas Greg Abbott (R), firmly anti-abortion, should sign it.

The bill would allow people to continue manufacturers, providers and service providers of the postal power for damages. It sets up a long -standing predicted abortion confrontation: the abortion bans of the red state against the laws on the shield of blue state. Many blue states have adopted such laws after DobbsSpecifically to protect providers and patients from their states from the prosecution of the red state.

The case law here is thin and the central questions largely not tested. How far can the laws of the States extend outside their territory?

“Patients are leaving the state to access the care, obtaining the procedure and going home is one thing,” Jessie Hill, associate dean and stock market for reproduction rights to the Western University School of Law, told TPM Jessie. “But when you send pills to a state, you reach this state in one direction.”

The thirst of Texas in pursuit of the doctors of the Blue State has already reached the courts in a different case.

At the end of 2024, the Attorney General of Texas Ken Paxton (R) continued a doctor from New York for having allegedly prescribed drug drugs to a Texas resident (the drug would have been discovered by the partner of the Texas woman, which she did not speak about her pregnancy). When the supplier did not appear before the court, under the cover of the New York shield law, Paxton asked for a penalty of $ 100,000, deposited in New York.

The acting clerk of the County of Ulster, Taylor Bruck, refused to file the request of Paxton.

“In accordance with the New York State shield law, I refused this file and will refuse any similar file that could come to our office,” he said.

Paxton pushed Bruck to reconsider in July; The clerk refused again.

“Rejection stands. The submission of the same materials does not change the result,” he wrote in a press release. “Although I am not quite sure the way things work in Texas, here in New York, a rejection means that the question is closed.”

The new legislation of Texas, by design, will be difficult to contest in a preventive way, because it is applied by ordinary citizens. A legal confrontation is probably only after someone is prosecuted below.

“They are trying to cause a fight against the Comstock law,” said Hill, referring to a federal law of 1873 prohibiting the sending of abortion that the anti-abortion movement envisaged to prohibit sending the sending of the drug.

Texas has increasingly invoked Comstock Act in other legal attacks against access to abortion, including in its efforts to join a red state attack against mifepristone. This zombified affair is the last iteration of an effort that the unanimous Supreme Court rejected for lack of position last June. He was trained at the court of the judge of the American district court Matthew Kacsmaryk, where a random assortment of red states tried to invigorate him under the infamous anti-abortion judge, despite the dispute without jurisdictional ties with northern Texas, where his hearing is founded. Texas is currently trying to remedy this problem, asking to join the case earlier this month.

The fight against drug abortion is the fundamental that will shape the post-Dobbs world. The anti-abortion movement has been incredibly successful, even beforeDobbsin the regulation of surgical abortion outside of existence in large bands in the country. The abortion of drugs, however, which has regularly increased in popularity, has proven to be much more difficult to follow and kill.

“It looks like we are in an era of prohibition,” said Hill. “A ban does not mean that abortions cease to occur.”

It is not surprising that Texas, so often the laboratory to push the limits of anti-abortion absolutism, is preparing to fight against its colleagues states to ban the abortion method, on the friendly ground of the Supreme Court.