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Booked titled "Abortion Law" with a pregnancy test stick on top and a stethoscope draped over

Strength of Texas' latest abortion law to be decided in court

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Freda Ross
(Texas News Service)

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A Texas man is testing the merits of the state’s most recent abortion law. Jerry Rodriguez of Galveston is suing a California doctor for allegedly prescribing abortion pills to Rodriguez’ partner.

House Bill 7 allows private citizens to sue anyone who manufactures, distributes or provides abortion-inducing drugs to patients. Mark Hearron, senior council for the Center for Reproductive Rights, said the legal action is part of a multi-pronged campaign to end abortion care in the U.S.

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Map of the state of Texas, showing portions of surrounding states
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"We know that the anti-abortion movement is trying do to do everything that it can to stop medication abortion, which has been FDA-approved for 25 years," said Hearron. "Study after study after study shows that it is safe and effective. But it is the reason that people in states with abortion bans have still been able to access care."

Hearron said his client is protected by California shield laws that allow him to see and treat patients in any state in the country, including those with abortion bans. It's estimated that medication abortions have increased by 60 percent since abortion rights were returned to the states.

HB 7 allows private citizens to sue abortion providers for up to $100,000. Rodriguez is asking for $75,000 in damages and fees, and is requesting the doctor stop prescribing or providing abortion-inducing drugs in the state.

Hearron said the ruling in the case will affect more than just Texas.

"They’re asking the FDA to revisit the science behind medication abortion, which is settled," said Hearron. "There are lawsuits that have been filed by Texans – and Florida, and a number of other states, are trying to restrict the availability of medication abortion in any state, not just in states with abortion bans."

People taking the abortion pills cannot be sued under the law.