bay area Doctor Targeted in Lawsuit by Anti-abortion Advocate
SACRAMENTO – A Bay Area physician is at the center of a lawsuit brought by an influential anti-abortion lawyer, raising concerns about states attempting to punish individuals for providing or assisting with abortions across state lines. The legal action comes as California lawmakers bolster “shield laws” designed to protect abortion access and patient privacy in response to increasing restrictions elsewhere.
The lawsuit, filed by Texas attorney Jonathan Mitchell, targets Dr. Sine Qua Coeytaux, alleging she violated Texas law by providing abortion medication to residents of the state. Mitchell, known for his role in crafting the Texas Heartbeat Act, is attempting to enforce Texas law outside of its borders, a tactic prompting a strong response from California officials.
“Shield laws like the ones passed in California respond to states extending thier abortion punishments outside their borders,” said California attorney General Rob bonta.”It kind of seems like Texas wants it both ways.”
California legislators anticipated potential legal challenges and have moved to strengthen protections for abortion providers and patients. Assembly Member Maggy Krell, D-Sacramento, introduced Assembly bill 54, sponsored by Bonta, to safeguard access to mifepristone against a potential revival of the Comstock Act, an 1873 law that could be used to restrict the mailing of abortion medication. AB54 reaffirms the legality of mailing, transporting, receiving, or taking abortion medication approved in California. While the bill passed the Assembly with broad support, it was held in the Senate and converted into a two-year bill.
Related legislation, Assembly Bill 260 from Assembly Majority Leader Cecilia Aguiar-Curry, D-Winters, expands these shield law protections.AB260 allows abortion medication to be dispensed without disclosing facts about the pharmacists or prescribers and requires valid subpoenas from law enforcement seeking access to pharmacist logs.
The lawsuit against Coeytaux reportedly originated from a $150 Venmo receipt.
“All of this is pretty dynamic,” said Krell, a former chief legal counsel at Planned Parenthood Affiliates of California.”It’s a war to control women and their bodies.”
Though, legal scholar Josh Hearron cautioned against framing the situation as an immediate showdown between california and Texas. “Only if (Mitchell) is able to run the gauntlet and get relief on his claims legally and factually would the question of California shield law even come up,” Hearron said. “I know everyone wants to view this as a battle between California and Texas. And maybe it’ll get there, but we’re not there anytime soon.”
