The Texas new abortion law, House Bill7, is set to take effect tomorrow, December 4, and could significantly reshape the fight over abortion pills far beyond state lines. The law allows any private citizen to sue anyone who manufactures, prescribes, mails or otherwise provides abortion medication “in or to” Texas, with a minimum penalty of $100,000 per violation. Patients themselves cannot be sued.
Supporters of HB7, including Texas Right to Life and other anti-abortion groups, argue the measure is needed to close what they see as a loophole: telehealth providers and out-of-state doctors mailing abortion pills into Texas despite the state’s near-total abortion ban.
They say the civil-lawsuit model—similar to the 2021 “heartbeat” law that relied on private enforcement—gives citizens a way to protect “unborn children” when state officials are constrained by court rulings. Backers also contend the law respects Texas’ right to decide how abortion is regulated within its borders.
Medical providers and reproductive-rights advocates see it very differently. Several telehealth practices in states with “shield laws” say they will continue mailing abortion medications to Texans, arguing their home states explicitly protect them from out-of-state civil or criminal actions for care that is legal where they practice. Research suggests about one in four abortions now occur via telehealth, many in states with bans or strict limits, making this channel a crucial route to care.
Opponents warn HB7 will deepen fear and confusion among doctors and patients and may chill access to medication that is also used in managing miscarriages and other complications.
Both sides expect HB7 to trigger new lawsuits. Anti-abortion lawyers have already sued out-of-state physicians who mailed pills to Texas, and they plan to amend cases once the new law is in force. Telehealth providers, meanwhile, are preparing to test how far shield laws really go.
Many legal observers believe the resulting clashes between Texas courts and shield-law states are likely to end up before the U.S. Supreme Court, making HB7 a key new front in the post-Roe legal landscape.
Guest:
Shefali Luthra is 'reproductive health reporter with 'The 19th.' She has covered health care for more than a decade, starting at the 'Texas Tribune,' where she wrote about abortion restrictions and the rollout of the Affordable Care Act, before moving to KFF Health News.
"The Source" is a live call-in program airing Mondays through Thursdays from 12-1 p.m. Leave a message before the program at (210) 615-8982. During the live show, call 833-877-8255, email thesource@tpr.org.
This episode will be recorded on Wednesday, December 3, 2025 at 12:30 p.m.
