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Jun 20, 2025  |  
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Brady Knox


NextImg:Texas lawmakers insert language into abortion pill legislation to protect from constitutional challenges

Texas Republican lawmakers introduced language into abortion pill legislation that would prevent state courts from challenging it.

Senate Bill 2880, which was passed through the state Senate last week, expands the ability of plaintiffs to sue anyone who manufactures, distributes, mails, prescribes, or provides an abortion-inducing drug. Eligible plaintiffs include family members and men who believe their significant other used the pills. The Texas attorney general is empowered to bring forward lawsuits on behalf of “unborn children of residents of this state.”

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The bill was passed with the language that held it couldn’t be challenged as unconstitutional in state courts. If a state judge tries to challenge it anyway, they can be sued for up to $100,000, according to the Texas Tribune. They can not call on the Office of the Attorney General to defend them in court.

The move has been described by some legal scholars as unprecedented, and could itself be subject to legal challenges.

“This is absolutely unprecedented, what they’re trying to do here,” Southern Methodist University Dedman School of Law professor Joanna Grossman told the Texas Tribune. “I haven’t reviewed every law in Texas, but I think it’s safe to say this has never been tried.”

Republican state Sen. Bryan Hughes, the author of the bill, clarified that it could still be challenged in federal court.

“We make the rules,” he said in a Senate floor speech. “We set the jurisdiction.”

Dallas attorney Charles Siegel said that a law has never been passed in the U.S. that carried financial penalties for judges.

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“But then some other judge hears the lawsuit against the first judge?” he told the outlet. “It’s just impossible to imagine. We’ve never had a system of law under which people get to sue judges for money over their rulings.”

The legal issues with the bill make it unlikely to hold up in court, but it could serve as an inspiration for other red states.