
Texas case could challenge telehealth abortion access nationwide
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Two lawsuits surrounding Texas’ abortion ban are testing the strength of what are known as shield laws.
A Texas man is suing a California doctor for allegedly providing abortion medication to his girlfriend.
And a Texas judge ruled in favor of the state in a civil suit filed by Attorney General Ken Paxton against a New York doctor who prescribed and mailed abortion medication to a woman in Collin County.

Natalie Birnbaum, state legal and policy director with the Reproductive Health Initiative for Telehealth Equity and Solutions, said both doctors have legal protection in their states.
"These health care providers are operating and utilizing the protection of their shield laws in their states," said Birnbaum. "And the providers that are the targets of these lawsuits are operating under the scope of practice of their licenses in those states."
The New York doctor was fined $100,000, but the acting county clerk has refused to enforce the judgement. Paxton is suing the county clerk.
The plaintiff in the California case alleges the doctor is responsible for the wrongful death of what the law refers to as "an unborn child,” and is asking for $75,000 in damages.
These are the first two shield law-related lawsuits filed in connection with the Texas abortion ban.
Birnbaum said since the U.S. Supreme Court overturned Roe vs Wade, in some cases, medical professionals need protection to do their jobs.
"These shield laws are really helpful to protect providers from threats," said Birnbaum, "including the real threats of criminalization, penalties, wrongful death claims – for providing legally protected health care that is within the scope of their license."
The lawsuit also alleges the doctor is guilty of violating the Comstock Act, an anti-obscenity law passed in 1873 that bans the mailing of “obscene” materials. It hasn't been enforced in over 100 years.
Since the California suit was filed in federal court, it could eventually go before the U.S. Supreme Court.