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Texas Governor signs bill to crack down on abortion pills ordered by mail

Texas Governor Greg Abbott has signed a law to clamp down on the mail-order sale of abortion pills, which are already prohibited in his state. The bill empowers private citizens to sue companies and individuals who ship these pills to Texas.

Abbott, an anti-abortion Republican who is adamantly opposed to abortion, signed the bill without any announcement on Wednesday night.

The bill was passed by the Republican-led state legislature in early October.

The bill aims to make it more difficult for women to get the prescription drugs they need to terminate their pregnancy at home, in violation of Texas' ban on abortions.

The Texas law has not yet been answered in terms of whether it will affect "shield" laws enacted by Democratic-led states, where abortion is still legal. These laws are intended to protect providers from criminal and civil penalties resulting from abortion laws in another state.

In about three months, the Texas measure will take effect. It is similar to an enforcement mechanism for citizens contained in a state law that prohibited abortions when a fetal beat could be detected.

Abortion rights advocates claim that pharmacologically-terminated pregnancies account for 63% percent of all abortions in the United States, three years after Roe v. Wade, the landmark 1973 case which established a constitutionally protected right to abortion, was overturned by the U.S. Supreme Court.

Telehealth consultations, as well as mail-order deliveries have allowed women to perform abortions at home in areas where the only alternative is for them to travel to another state where abortions are still legal.

Turning Citizens into Whistleblowers

The new law allows citizens to sue medical providers, pharmaceutical companies and delivery services, as well as individuals who helped women obtain abortion pills mifepristone or misoprostol.

If a plaintiff proves their case, they will receive $100,000 per violation.

The measure exempts women who use abortion pills from any liability. The use of misoprostol and mifepristone in medically-necessary procedures for miscarriages or ectopic pregnancy is also exempted.

If it is shown that shipping companies and drug manufacturers such as FedEx, United Parcel Service, and Amazon.com have adhered to state-imposed bans then they will not be held responsible.

John Seago of Texas Right to Life - which heavily lobbied for the bill - said that it was primarily designed to "hold individuals accountable" who mail abortion pills to Texas in order to avoid criminal prosecution.

Critics claim that the measure will encourage ordinary citizens to spy on their neighbors.

When speaking against the bill, state senator Carol Alvarado (a Democrat from Houston) said: "The bill will only work if we turn Texans on each other."

According to Seago’s group, abortion tablets are being imported into Texas at a rate of over 19,000 orders per year from other states and foreign countries.

The measure to stop the shipments was modeled on "qui tam," provisions in federal and state False Claims Act laws designed to expose fraud by allowing whistleblowers the opportunity to sue the wrongdoers, and receive a portion of the proceeds.

Some social conservatives have used citizen lawsuits in recent years to enforce anti-abortion legislation.

In a Texas law passed in 2021, which prohibited abortions after fetal heart activity was detected, a provision was included for citizen lawsuits. In the year following the Supreme Court's Roe decision, Texas and thirteen other states were able to ban all abortions. This led to the anti-abortion movement seeking new enforcement tools. Steve Gorman, Los Angeles (reporting) and Leslie Adler, editing.

(source: Reuters)