A Texas fight with a nurse practitioner may eventually push the Supreme Court to settle an intensifying battle between states with strict abortion-ban laws and those with shield laws to protect abortion providers supporting out-of-state patients.
In a lawsuit filed Tuesday, Texas Attorney General Ken Paxton accused Debra Lynch, a Delaware-based nurse practitioner, of breaking Texas laws by shipping abortion pills that Lynch once estimated last January facilitated “up to 162 abortions per week” in the state.
“No one, regardless of where they live, will be freely allowed to aid in the murder of unborn children in Texas,” Paxton’s press release said.
In August, Paxton sent a cease-and-desist letter to shut down Lynch’s website, Her Safe Harbor, which she runs with her husband, Jay, a former communications director for Delaware’s health and social services department, alongside other volunteer licensed prescribers.
Fretting that Her Safe Harbor continues to advertise that Texas patients can get access to abortion pills “within days,” Paxton characterized Her Safe Harbor as an “extremist group” supposedly endangering women and unborn children in the state. To support that claim, Paxton cited two unrelated lawsuits where men allegedly ordered pills from other providers to poison pregnant partners and force miscarriages.
But Lynch told The New York Times that her lawyers advised her to ignore the demand letter, because Delaware’s shield law is one of the strongest in the country. Just before Paxton sent the letter, Delaware’s law was updated to clarify that it specifically “provides protection from civil and criminal actions that arise in another state that are based on the provision of health care services that are legal in Delaware,” the Times noted. And “even before that,” she said her lawyers “advised her that Delaware’s shield law protects her work.”
Paxton seems to expect the court will agree that shield laws cannot overrule state abortion ban laws or laws prohibiting out-of-state health practitioners from operating on Texans without a state license. His lawsuit demands a temporary and permanent injunction shutting down Her Safe Harbor, as well as the highest possible fines.