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Texas AG Sues Delaware Nurse Over Abortion Pills, Raising Interstate Legal Questions
Key Takeaways
- •Texas AG Ken Paxton sued a Delaware nurse for allegedly sending abortion pills to Texas residents.
- •The lawsuit challenges interstate provision of healthcare that is legal in the provider's state but illegal in the recipient's state.
- •Delaware has a 'shield law' that could protect the nurse, similar to how a New York shield law protected a doctor in a prior Texas AG case.
- •Texas passed a new law specifically to counter out-of-state shield laws and strengthen enforcement against external abortion providers.
Texas Attorney General Ken Paxton has taken legal action against a Delaware-based nurse practitioner, claiming she broke Texas law. He says she prescribed and sent abortion medications to people living here in Texas.
This week, Paxton filed a lawsuit against Debra Lynch, who co-founded Her Safe Harbor. The suit states that Lynch has been sending mifepristone and misoprostol, the two common abortion pills, to Texans in cities like Houston, Beaumont, and El Paso. Paxton's filing even points to statements Lynch made in news interviews.
Here’s the deal: Abortion is mostly illegal in Texas. There's only a very small exception for medical emergencies. This lawsuit means Texas is trying to reach across state lines to stop actions that are perfectly legal where Lynch practices in Delaware.
Her Safe Harbor promotes itself as a telehealth service, offering private care to women across all 50 states. Beyond abortion medication, they also provide other gynecological services, like treating UTIs, STIs, and prescribing birth control.
Paxton’s lawsuit calls Her Safe Harbor “part of a growing network of out-of-state abortion traffickers.” He wants a court order to stop Lynch and her group from giving abortion medication to Texans and to prevent her from practicing medicine in our state.
This isn't new territory. Paxton's office sent a cease-and-desist letter to Lynch last year. But she told media outlets she wasn't planning to stop operations. In fact, she reportedly saw more requests from Texans after that news broke.
Paxton also sent similar letters to two other providers he says are sending abortion pills into Texas. Remember the case against New York doctor Margaret Carpenter late last year? Paxton sued her too, but a New York judge tossed that case out. New York has a 'shield law' designed to protect its providers from out-of-state legal attacks.
Delaware also has a shield law. It could be used to protect Lynch. Texas, however, passed a new law last year specifically aimed at strengthening enforcement against out-of-state providers and trying to get around those shield laws. It's a clear legal showdown about state power and individual rights.
Original source: Politics – Houston Public Media.
