Texas Revives Abortion Pill Lawsuit Bill in Special Session

Estimated Time to Read: 7 minutes

Texas Governor Greg Abbott (R) has officially added “protecting unborn children and their mothers from the harm of abortion” to the legislative agenda during the ongoing special session. This move comes after increasing calls from pro-life advocates to revive Senate Bill 2880 (SB 2880), also known as the Women and Child Protection Act, from the 89th Regular Legislative Session earlier this year. Although the bill passed the Texas Senate, it stalled in the House, missing crucial deadlines. Now, lawmakers and advocates alike are urging action before it’s too late. The renewed inclusion of SB 2880 signals that state leadership is responding to mounting concerns about the accessibility and safety of abortion-inducing drugs in a post-Roe landscape.

What SB 2880 Does: Civil Enforcement Over Criminal Prosecution

SB 2880 attempted to create a new chapter in Texas law focused on blocking the illegal distribution of abortion-inducing drugs. Rather than relying on criminal enforcement through the state, it would have used civil lawsuits as a tool for enforcement. This would have allowed any Texan to file a lawsuit against someone who manufactures, mails, delivers, prescribes, or distributes abortion pills in violation of the law. It also permits mothers or fathers to file wrongful death or injury lawsuits if these pills result in harm or loss of life to the woman or unborn child.

This model of enforcement is similar to that of the Texas Heartbeat Act (SB 8, 2021), which was upheld by courts and designed to reduce state involvement while increasing accountability through private legal action. Importantly, the legislation does not punish the women who take the pills. Instead, it goes after those distributing or facilitating access to the drugs, particularly online vendors, payment processors, and out-of-state actors operating illegally within Texas.

What Changed in the Special Session Version of the Bill

Lawmakers are making several changes to strengthen the bill and clarify its scope amid the ongoing special session. They are adding specific language to protect those who handle these drugs for legitimate medical reasons, such as treating ectopic pregnancies or miscarriages, and ensuring that doctors and pharmacies acting within the law are not unintentionally targeted. These clarifications help avoid legal confusion and reinforce that the bill is focused on unlawful abortion activity, not necessary medical care.

The updated version will also ensure that lawsuits cannot be brought against common carriers like mail services or licensed pharmacies that are acting in good faith and without knowledge of illegal activity. To prevent abuse of the court system and venue shopping, the bill will assign exclusive jurisdiction over enforcement-related lawsuits to the 15th Court of Appeals in Austin.

The bill will also restore First Amendment protections for speech, a section that had been removed by the House during the regular session. By reinstating this language, the bill makes clear it will not criminalize constitutionally protected advocacy or online content. Additionally, the bill will include provisions that anticipate legal conflicts with other states by including language to counteract so-called “shield laws” designed to protect abortion pill traffickers from lawsuits originating in Texas. This will ensure the law can remain effective even when individuals operate from states that oppose Texas’s pro-life laws.

Widespread Support from Pro-Life Leaders and Organizations

A large coalition of lawmakers, advocacy groups, and pro-life leaders recently signed a letter urging Governor Abbott to add this issue to the special session agenda. The letter, dated June 24, 2025, included signatories from major state and national organizations such as Texas Right to Life, Students for Life of America, Susan B. Anthony Pro-Life America, the Republican Party of Texas, Texas Eagle Forum, and Concerned Women for America. It also included over 60 members of the Texas House and Senate, reflecting broad support among conservative legislators.

These groups argue that abortion pills are now the main method used by the abortion industry, with as many as 19,000 mailed into Texas each year. They emphasize that without legislative action, these drugs will continue to bypass the state’s post-Roe legal framework and undermine Texas’s existing abortion laws, and put the lives of women at risk. The signatories also point to recent high-profile cases, such as the North Texas man arrested for secretly slipping abortion pills into his girlfriend’s drink, to highlight the need for greater enforcement tools.

The Health Risks Behind the Legislative Push

New data shows that abortion pills are significantly more dangerous than many people previously realized. A study released by the Ethics and Public Policy Center analyzed over 865,000 Mifepristone abortions between 2017 and 2023. It found that more than 1 in 10 women experienced a serious medical issue within 45 days of taking the drug. These complications include hemorrhaging, hospitalizations, infections, and ectopic pregnancies.

The study revealed that the actual rate of serious problems is at least 22 times higher than what is listed on the FDA’s required labeling, which was based on outdated clinical trials with fewer than 31,000 participants. The real-world data paints a starkly different picture, raising concerns about the current risk evaluation procedures and the lack of mandatory adverse event reporting.

In addition to the physical risks, mental health consequences are also a concern. A separate meta-analysis cited in the coalition letter found that women who have had abortions face an 81 percent higher risk of mental health issues such as depression, anxiety, suicidal thoughts, and substance abuse. These findings suggest that the conversation around abortion pills must include not only physical health but emotional and psychological well-being as well.

Will the House Act This Time?

While the Senate has consistently supported pro-life legislation, the Texas House has been slower to act. Last session, procedural delays and political hesitation caused the bill to stall, frustrating advocates who believed the support was there but the urgency was not.

With Governor Abbott now placing this issue on the formal agenda and a coalition of pro-life groups intensifying public pressure, there is renewed momentum to move the bill forward. Lawmakers now face the task of demonstrating leadership on a highly charged issue, knowing that both the policy implications and political optics will carry into the next election cycle. For some, inaction may be seen as a failure to protect life at a moment when the legislative window is wide open.

A Pivotal Moment for Pro-Life Policy in Texas

Senate Bill 2880 represents a strategic and constitutionally sound way to stop the flow of abortion pills into Texas. By relying on civil enforcement and protecting both women and unborn children, it offers a new tool in the post-Roe legal landscape. Unlike criminal prosecution, which can raise complex questions of jurisdiction and due process, SB 2880’s civil model puts enforcement power directly in the hands of Texans.

With support from a wide range of leaders and organizations, and backed by hard data on the dangers of abortion pills, the legislation gives Texas lawmakers a chance to take a firm stand. If successful, this model could serve as a blueprint for other pro-life states seeking to protect life while navigating the evolving legal and political realities of a post-Roe America.

Whether the Texas House takes this opportunity remains to be seen, but one thing is clear: Texans are watching, and the time to act is now.

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