Texas AG-Elect Plans to Allow Out-of-State Abortion Pills
Texas AG-elect Nathan Johnson signals shift in abortion policy, allowing out-of-state providers to operate within state borders.
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Following the 2026 midterm elections, Democrat Texas Attorney General-elect Nathan Johnson has signaled a potential shift in the state’s approach to abortion regulation. Johnson announced that he will not enforce Texas laws against out-of-state doctors who provide abortion pills, effectively opening the state to a flood of such activity.
Johnson’s Stance on Abortion Laws
Johnson, who won his race shortly after the elections, emphasized that as a non-legislator, he cannot change abortion laws. However, he stated his intent to cease using Texas abortion laws as a tool for persecution and intimidation. He noted that his predecessor, Republican Ken Paxton, had aggressively pursued legal action against out-of-state providers who sent abortion pills into Texas under blue-state shield laws.
Johnson’s approach is expected to be part of a broader effort to make Texas’ abortion ban less rigid. He stated that he will not pursue the judicially absurd position that Texas law has extra-territorial effect, and will instead honor other states’ shield laws. This could lead to a significant shift in how abortion access is managed in the state.
Hinojosa’s Plans for Criminal Penalties
Democrat Texas Governor-elect Gina Hinojosa has also expressed her intent to remove the state’s criminal penalties for doctors who perform abortions to save a mother’s life. Despite not being able to repeal the state’s abortion restriction, she believes bipartisan support exists to eliminate the 99-year imprisonment penalty for such procedures.
Hinojosa highlighted the dangers women face in Texas due to the current legal framework, noting that doctors are hesitant to perform abortions due to the risk of severe legal consequences. She argued that this leads to women waiting until they are in life-threatening situations before receiving care, resulting in preventable deaths.
Abortion Access and Legal Challenges
The issue of abortion access has been complicated by the FDA’s decision to allow mail-order distribution of mifepristone, the drug used in medication abortions. This policy, which was temporarily suspended in 2021 and made permanent in 2023, has enabled providers in blue states to send abortion pills to women in states with stricter laws. Blue states have passed shield laws to protect providers from legal action in red states.
Despite these efforts, concerns remain about the safety and accessibility of abortion pills. The Guttmacher Institute estimated that medication abortions accounted for 63 percent of all abortions within the formal U.S. healthcare system in 2023, a significant increase from previous years. However, these figures do not account for abortions obtained through underground networks.
Legal battles continue over the FDA’s mail-order policy, with several red states suing out-of-state providers. The Supreme Court recently allowed the mail-order scheme to continue while litigation unfolds in lower courts. The FDA has committed to completing its safety review of mifepristone by December and releasing findings by March 2027.
Source: Breitbart
