Texas lawmakers have approved a new law banning the mailing of abortion-inducing medication into the state, escalating an already heated battle over reproductive rights. House Bill 7 (HB 7) passed in early September and now awaits Governor Greg Abbott’s signature, which is widely expected.
At its core, HB 7 prohibits anyone from distributing or facilitating the mailing of abortion pills such as mifepristone and misoprostol to Texas addresses. The law mirrors the structure of Texas’s 2021 Heartbeat Act (SB 8), which relied on private citizens rather than state agencies to enforce the ban. Under the new framework, individuals, including drug manufacturers, prescribers, and even delivery companies, can be sued for at least $100,000 per violation if they are found to have played a role in mailing the medications.
Patients themselves are shielded from liability, but those around them are not. A partner, parent, or other close relation may bring suit and claim the damages directly.
Others can still file lawsuits, but most of the awards beyond $100,000 must be directed to charitable causes. Supporters say this approach allows the law to avoid preemptive court injunctions, since the state itself does not play a direct enforcement role.
Backers of the bill argue it protects women’s health and enforces Texas’s broader restrictions on abortion. State Sen. Bryan Hughes, one of the architects of both SB 8 and HB 7, said the legislation closes a loophole created by telehealth providers and out-of-state pharmacies shipping medication abortions into Texas.
Opponents describe HB 7 as a dangerous expansion of Texas’s so-called “bounty hunter” laws. Reproductive rights advocates warn it encourages lawsuits among neighbors, family members, and even strangers, creating a climate of surveillance and fear.
National advocacy organizations, including Planned Parenthood and the Center for Reproductive Rights, have vowed to challenge the law in court. Legal experts say HB 7 could become another test case for how far states can go in restricting medication abortion—especially when it involves providers and pharmacies outside state borders.
Critics also believe HB 7 conflicts with federal drug regulations, while supporters contend states retain broad authority to regulate medical practice within their borders. With legal shield states preparing to defend their providers, the battle may ultimately end up before the U.S. Supreme Court.
Guest:
Blair Wallace is the TX-ACLU policy and advocacy strategist for reproductive freedom.
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