New Texas attorney general says he’ll stop suing doctors mailing abortion pills from out of state

Texas Attorney General-elect Nathan Johnson, a Democrat, says he will end the state’s practice of suing out-of-state doctors who prescribe and mail abortion medication to Texas patients, marking a stark departure from the enforcement strategy of outgoing Attorney General Ken Paxton.Johnson’s announcement follows a historic blue wave in the Lone Star State, where voters elected Democrats up and down the ballot.“I will not pursue the judicially absurd position that Texas law has extra territorial effect. I can honor other states’ shield laws,” Johnson told the Texas Tribune. He also criticized the way Texas abortion laws have been used under Paxton’s leadership, arguing that enforcement has gone beyond the law itself.“The first thing I do when people ask me about abortion is point out that I’m not a legislator, and I can’t change abortion law,” Johnson added. “What I can do is cease using Texas abortion laws as an instrument of persecution and intimidation, harassment and political showboating. All four of those things have happened.”Democrats made significant gains across the state this week, including Gina Hinojosa’s historic victory in the governor’s race, a Democratic majority taking control of the state House, and James Talarico flipping one of Texas’s Senate seats. However, Republicans retained control of the state Senate, leaving Texas’s legislature divided.Johnson is set to take office in January, succeeding Paxton, who declined to seek another term as attorney general and instead launched an unsuccessful bid for the Senate.Under Paxton’s tenure as attorney general, Texas pursued multiple lawsuits against out-of-state physicians accused of prescribing abortion medication to Texas residents. After the Supreme Court overturned Roe v. Wade, Texas enacted some of the nation’s most restrictive abortion laws. The state prohibits doctors from providing abortion medication in violation of its abortion laws, including through prescriptions and mail delivery.Paxton used those restrictions to pursue physicians in states where abortion remains legal. Those lawsuits have faced legal obstacles, particularly in states that have enacted shield laws. These protections are designed to prevent states with abortion bans from pursuing legal action against medical providers who prescribe or send abortion medication in accordance with the laws of their own states.How abortion ballot measures fared: Idaho only bright spot for anti-abortion sideJohnson’s announcement signals a potential change in how Texas will enforce its abortion restrictions against providers beyond its borders. However, it does not mean the state’s abortion ban will be repealed or that abortion pills will become legal under Texas law.Despite Democrats’ gains in statewide offices, Republicans’ continued control of the Texas Senate presents a major obstacle to legislative changes. For now, any shift in abortion policy under Johnson and Hinojosa is more likely to come through changes in enforcement and legal strategy than an immediate repeal of the state’s abortion restrictions.