Texas Attorney General Ken Paxton has escalated the state’s crackdown on abortion pills by sending cease-and-desist letters to two organizations and a doctor, warning of potential lawsuits if they continue allegedly distributing the medication.
Paxton targeted Plan C, a website providing information on obtaining abortion pills; Her Safe Harbor, a telemedicine abortion provider; and Dr. Rémy Coeytaux, accused of mailing abortion pills to Texans. “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 statement. The state of Texas effectively bans nearly all abortions.
Providers Push Back
Debra Lynch, a nurse practitioner with Her Safe Harbor, insisted that the warning would not deter the organization. If anything, she said, it has intensified their efforts. “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,” Lynch said.
Following the announcement, Her Safe Harbor reported over 150 requests from Texans concerned about abortion access, far above their usual volume. The organization is increasing staff to handle the surge. Neither Plan C nor Coeytaux immediately responded to requests for comment.
Abortion Pills and Shield Laws
Since the Supreme Court overturned Roe v. Wade in 2022, abortions have increased, largely due to abortion pill availability and “shield laws” in some blue states protecting providers from out-of-state legal action. By the end of 2024, clinicians operating under shield laws facilitated an average of 12,330 abortions per month, according to #WeCount, a research project by the Society of Family Planning.
Anti-abortion advocates have intensified efforts against providers. Paxton, a Republican Senate candidate, cited the 1873 Comstock Act, which bans mailing abortion-related materials, in his cease-and-desist letters. While experts largely consider the law unenforceable, some activists argue that the post-Roe legal landscape now allows full enforcement.
Legal Escalations Continue
Paxton previously signed a letter with 15 other state attorneys general urging Congress to override state shield laws. He has sued a New York doctor for allegedly mailing abortion pills to Texas and subsequently sued a New York court official after shield law protections blocked enforcement.
Similar actions have occurred in other states. Arkansas Attorney General Tim Griffin issued cease-and-desist letters to Possibility Labs (parent of Plan C) and Mayday Medicines (parent of Mayday Health), which also provides abortion pill information.
Additionally, anti-abortion lawyers are pursuing federal wrongful death lawsuits against providers. A Texas man sued Coeytaux for allegedly supplying abortion pills for his partner, with Jonathan Mitchell – the architect of Texas’ six-week abortion ban – representing him. Mitchell filed another federal wrongful death lawsuit against a different abortion provider last week.
