The heated US war over abortion pills warmed up another degree on Wednesday, as the Texas attorney general, Ken Paxton, sent cease-and-desist letters to two organizations and an individual that he accused of mailing abortion pills to Texans or facilitating their shipment. Paxton threatened to sue if they do not stop their alleged activities.
“These abortion drug organizations and radical activists are not above the law, and I have ordered the immediate end of this unlawful conduct,” Paxton said in a news release announcing the letters.
The state of Texas bans virtually all abortions.
Paxton sent the letters to Plan C, a website that provides information about how to obtain abortion pills; Her Safe Harbor, an organization that provides abortions through telemedicine; and Rémy Coeytaux, a doctor who has been accused of mailing abortion pills to a Texan.
Debra Lynch, a nurse practitioner who works with Her Safe Harbor, said that Paxton’s letter would not stop the organization from sending abortion pills to people. If anything, Lynch suggested, it would spur the group on.
“None of our providers are primarily concerned with our own wellbeing or our own legal status,” Lynch said. “All the horrors that women are facing because of these ridiculous bans and restrictions outweigh anything that could possibly happen to us as providers, in terms of a fine or a lawsuit or even jail time, if it were to come to that.”
Lynch said that in the hours after news of Paxton’s letter broke, Her Safe Harbor received more than 150 requests from Texans who were afraid about abortion access and want to obtain pills that they may use in the future. Normally, Her Safe Harbor has around four to five providers taking calls from patients. Now, they plan to have at least 10 working “until this wave of fear subsides”.
Neither Plan C nor Coeytaux immediately replied to the Guardian’s request for comment.
In the three years since the US supreme court overturned Roe v Wade and unleashed a wave of state-level abortion bans, abortions have surged in the United States. This rise is due in large part to the availability of abortion pills and the emergence of “shield laws”, which have been enacted by a handful of blue states and aim to protect abortion providers who mail pills across state lines from out-of-state prosecution.
By the end of 2024, clinicians working through shield laws were facilitating an average of 12,330 abortions per month, according to data from #WeCount, a research project by the Society of Family Planning.
Enraged by this development, anti-abortion advocates have in recent months stepped up their campaign to crush abortion pill providers. In his cease-and-desist letters, Paxton – a Republican who is running to become a US senator – repeatedly cited the Comstock Act of 1873, an anti-vice law that bans the mailing of abortion-related materials. Although legal experts have long regarded the Comstock Act as a dead letter, several anti-abortion activists now believe that the fall of Roe has left the federal government free to fully enforce the act.
Alongside 15 other state attorneys general, Paxton earlier this summer signed onto a letter imploring Congress to pass a law that would pre-empt states’ shield laws. He has also sued a New York-based doctor whom he accused of mailing abortion pills into Texas. Then, after a New York county court official said that the state’s shield law prohibited New York from enforcing a fine against the doctor, Paxton sued the official.
Paxton’s cease-and-desist letters also follow similar letters sent by the Arkansas attorney general, Republican Tim Griffin. In July, Griffin sent a cease-and-desist letter to Possibility Labs, the parent company of Plan C, and to Mayday Medicines, the parent company of Mayday Health. Like Plan C, Mayday Health offers information about abortion pills, but does not directly sell them.
Other anti-abortion activists are going after abortion providers through other legal avenues. A Texas man who said that Coeytaux supplied abortion pills to aid his female partner’s abortion has also sued Coeytaux in a federal wrongful death lawsuit. The man is being represented in court by Jonathan Mitchell, an anti-abortion attorney who masterminded a six-week abortion ban that took effect in Texas in 2021.
Last week, Mitchell filed another federal wrongful death lawsuit against a different abortion provider.
Source: US Politics - theguardian.com
