Let's test a Texas abortion scenario....

[Thunderbeast]

An Austin woman is nine weeks pregnant. Has a positive "at-home" test.

Woman calls one of the many on-line or telephone physicians in another state. After a consultation, the doctor prescribes RU-486 which is directed to Amazon or another mail-order pharmacy. USPS delivers the prescription to the pregnant woman.

Does a remote doctor require licensing in the state where the patient lives? Is residency verification required? Can a doctor in another state be hauled into Texas court by a Bible-thumper?

If a mail order pharmacy fills the prescription with no knowledge of how far along the pregnancy is, are they exposed to the vigilante lawsuits?

When the letter carrier delivers the package (again with no knowledge of the contents), are they at risk?

If the pills are obtained in another state by another person, are they exposed if they mail the pills to Texas?

Just trying to find a workaround for the female victims of the Texas Taliban.

[StClone]

1. Flood the zone

Every woman should declare they are pregnant and self-inducing abortion.

[Irish_Dem]

5. Men too, start talking about how they are helping women get abortions.

Men go to bars and start mouthing off about assisting women who want abortions.

Flood the zone.

[StClone]

8. Abortion Block Parties!

Do it up big!

[Irish_Dem]

10. Great idea. Right, flood the zone with beer.

[StClone]

11. Call the "Texas Abortion Hot Line"

I found everyone in Texas is having an abortion. All 30 million of them...operators standing by!

[Irish_Dem]

15. I am sure I know at least 100 people having abortions in Texas.

As we speak.

[Irish_Dem]

2. Berlin Airlift, planes drop meds in designated secure spots.

[LeftInTX]

3. Very few doctors would prescribe RU-486 if it was illegal in the state where the woman resides

Now if she was visiting another state, it would be a different story....

Whenever you do teledoc and stuff like that they get information from you...like your insurance, your address etc....

[PortTack]

4. Aidaccess.org is in Austria and has been helping women obtain medical abortion meds for

Years. Located in Austria Tx cannot sue them. The drug is safe and works up to 10 weeks into the pregnancy. As far as delivery of the drug, I would suppose it is delivered via USPS which they have no idea what’s in the package.

I would say it is imperative the pregnant woman say absolutely nothing to anyone!

For more info: aidaccess.org

[LeftInTX]

6. Yes, this is more reasonable than contacting a teledoc in another state....

No insurance info is required...
I assume they send the meds discretely.....

[AZSkiffyGeek]

7. Right now RU-486 is legal up to 10 weeks in TX

However they are trying to limit that as well. Apparently if a pill induces an abortion (or miscarriage, I don’t know the process) that is different than if a doctor does it.
Edit: they’ve passed a bill to shorten it to 7 weeks and It is waiting for Abbott’s signature.

[Ms. Toad]

13. Interesting.

The language of the new law doesn't seem to distinguish - but I haven't read all of the abortion related laws in Texas.

[MiniMe]

14. I think a bill to take care of RU486 is on Abbott's desk now

[AZSkiffyGeek]

16. Yes

That one is structured more traditionally. It might be able to be blocked easier than the bounty law.

[Ms. Toad]

12. Probably won't work

What is prohibited is "knowingly perform{ing} or induc{ing} an abortion on a pregnan woman if the physician detected a fetal heartbeat for the unborm child . . . or failed to perform a test to detect a fetal heartbeat."

RU-486 probably falls within "inducing" an abortion. Practicing medicine is generally defined as the location of the patient. So even if the doctor isn't located in Texas, s/he woudl be treated as practicing medicine in Texas when they prescribed the medication to a patient in texas.

If they intentionally treat patients in Texas, it would generally be presumed to be fair to haul them into court in Texas.

As for the pharmacist or someone outside of texas - knowing inducement of an abortion in Texas (or aiding) is sufficient even if they don't know the abortion violated the law.

(2) knowingly engages in conduct that aids or abets
the performance or inducement of an abortion, including paying for
or reimbursing the costs of an abortion through insurance or
otherwise, if the abortion is performed or induced in violation of
this subchapter, regardless of whether the person knew or should
have known that the abortion would be performed or induced in
violation of this subchapter; or

Unfortunately, shipping the drugs to Texas would probably be sufficient for hauling the person in court in texas.

(Obtaining jurisdiction over an out-of-state defendant is a complex process. It has to satisfy constitutional requirements. Essentially they have to have minimum contacts in Texas (with contacts related to the claim being given greater weight. There are about a dozen different tests. It's a very messy area of the law.)

[rdking647]

17. im suing wal mart for 10k for selling coat hangers

they know what they are used for thereby abetting abortions. Im sure hobby lobby also sells things that can be used....

[Ms. Toad]

20. Doesn't meet the definition of knowing.

Now - the person (other than the woman) who buys it to use to perform an abortion would be another story.

[rdking647]

21. im not sure

and even so i can sue walmart. and they have to go thru the trouble of answering the law suit.
for everyone that sues them

[Ms. Toad]

22. I'm sure.

and any attorney who takes your case would be risking their law license.

(i.e. even if the law prohibits requiring the defendant to pay the fees for a frivolous lawsuit, it can't protect the attorney from malpractice for misusing the courtss)

[PortTack]

18. Aidaccess located is Austria...out their reach

[Ms. Toad]

19. Not necessarily.

The law would cover them. If they are prescribing to a woman in Texas, they are considered to be practicing medicine in Texas.

The question would be purely whether they could obtain jurisdiciton over them - which is not impossible merely because it is a different country.