In a loss, Lynch could owe millions, as each mail order would be considered a violation of the state’s Human Life Protection Act, Paxton alleged, triggering a minimum $100,000 fine per violation. She could also face substantial jail time, the Austin American-Statesman reported, since Texas abortion “providers risk up to 99 years in prison.”
However, Lynch told the Times on Wednesday that the lawsuit will not stop her from shipping pills into Texas. She’s been anticipating this fight since at least the beginning of last year and remains committed to helping pregnant people in states with strict abortion laws get support from a qualified health provider. She fears that otherwise, they’ll feel driven to take riskier steps that could endanger their lives.
“I don’t fear Ken Paxton,” Lynch told the Statesman last January. “I don’t fear getting arrested or anything like that.”
Nurse plans to defend shield laws
This is the third lawsuit Paxton has filed against an out-of-state abortion pill provider, his press release noted. Legal experts who support abortion ban laws, as well as those supporting abortion shield laws, told the NYT they expect the Supreme Court to eventually weigh the arguments on both sides. If that happened, it could impact law enforcement in about a third of states with “near-total” abortion bans, as well as more than 20 states that enacted abortion shield laws.
To Lynch, abortion ban laws have already proven disastrous, doing more harm than good.
The Statesman cited data from the Society of Family Planning (SFP), showing that after the Supreme Court overturned Roe v. Wade in 2022, medication abortion by telehealth became much more popular in the US. In 2022, this type of service accounted for approximately 1 in 25 abortions; by 2024, the numbers had shot to 1 in 5.
“Nearly half of those prescriptions went to patients in states with abortion bans or restrictions on telehealth abortion,” the Statesman reported, and SFP’s data showed that Texas residents, particularly, were turning more to telehealth. In the first half of 2024, 2,800 Texans per month received abortion medication by mail, which was “more than any other abortion-restricted state,” the data showed.
