Suit against Debra Lynch is latest from Texas’s Republican attorney general amid ongoing attacks on abortion pills
Ken Paxton, Texas’s attorney general, outside the US supreme court in Washington DC on 1 November 2021. Photograph: Rod Lamkey/Newscom via Alamy
As part of its ongoing crusade against abortion pills, Texas sued a nurse practitioner on Tuesday, accusing her of shipping pills into Texas in defiance of the state’s abortion ban.
The nurse practitioner, Debra Lynch, operates a Delaware-based group called Her Safe Harbor, which mails abortion pills to women living in states with abortion bans. Now, Texas wants a court to block Lynch from “performing, inducing or attempting abortions” in Texas, on the grounds that Texas law only permits physicians to facilitate abortions in cases of medical emergencies.
Groups like Her Safe Harbor have proliferated in the four years since the US supreme court overturned Roe v Wade, as Delaware and a handful of other blue states have enacted so-called “shield laws”. These laws typically aim to protect abortion providers from out-of-state prosecutions, lending legal cover to providers who ship pills across state lines.
But such efforts have enraged anti-abortion advocates and sparked a legal war between states that protect abortion rights and states that ban the procedure. Texas has already sued a New York-based doctor, Margaret Carpenter, over allegations that she mailed abortion pills into the state, while Louisiana has indicted both Carpenter and a California-based doctor named Remy Coeytaux. Officials in New York and California, which also have shield laws on the books, have refused to cooperate with those efforts.
The safeguards offered by each state’s shield law vary. Eight states, including New York and California, clearly allow providers to use telemedicine to prescribe abortion pills to patients located in states where the procedure is banned. But legal experts have questioned whether Delaware’s shield law, which was first passed in 2022, always protects providers who offer telemedicine across state lines.
Delaware’s law was expanded in late 2025, in part to clarify that officials may not aid out-of-state investigations into abortion providers – a move that may offer Lynch additional protection. The Texas case may then depend on when, exactly, Lynch mailed abortion pills into the red state, according to Mary Ziegler, a professor at the University of California, Davis school of law, who studies the legal history of reproduction.
But, Ziegler added: “It doesn’t sound like they know when any of the abortions happened.”
The cases against Carpenter and Coeytaux largely rest on allegations of specific abortions. The Texas case against Lynch, however, focuses on media reports that feature Lynch saying she mails pills to Texans or advises Texans who want abortions.
After Ken Paxton, the Republican attorney general of Texas, sent a cease-and-desist letter to Her Safe Harbor and other abortion-providing groups in August, Lynch said she had no plans to stop mailing pills. In fact, in the hours after news of the letter broke, the group received more than 150 requests for pills from Texas, Lynch said at the time.
“None of our providers are primarily concerned with our own wellbeing or our own legal status,” Lynch previously told the Guardian. “All the horrors that women are facing because of these ridiculous bans and restrictions outweigh anything that could possibly happen to us as providers, in terms of a fine or a lawsuit or even jail time, if it were to come to that.”
Lynch did not immediately respond to a request for comment on Tuesday.
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