Texas Attorney General Ken Paxton initiated legal action Tuesday against Debra Lynch, a nurse practitioner operating out of Delaware, accusing her of breaking Texas statutes by shipping abortion medication into the state. Paxton asserted that no entity will be permitted to aid in the termination of pregnancies within Texas borders, according to a press release from his office.
Lynch, who reportedly facilitated up to 162 abortions per week in Texas via her service, Her Safe Harbor, stated that her legal counsel advised her to disregard a prior cease-and-desist letter. This advice stemmed from the strength of Delaware’s shield laws, which protect providers offering services legal in their home state.
Paxton’s lawsuit seeks both temporary and permanent injunctions against Her Safe Harbor, alongside maximum financial penalties for the operation. The Attorney General characterized the service as an "extremist group" allegedly endangering women, citing unrelated incidents involving forced miscarriages ordered online from other providers.
Delaware’s shield law was recently updated to explicitly offer protection from civil and criminal actions originating in other states, provided the healthcare service is legal within Delaware. Lynch noted that her lawyers believed the existing law already covered her activities before this clarification.
This legal challenge directly tests the jurisdictional boundaries between states enforcing strict abortion prohibitions and those enacting protective legislation for out-of-state medical assistance. Paxton is clearly anticipating a judicial ruling on whether state shield laws can supersede a state's abortion ban or licensing requirements for non-resident practitioners.
Her Safe Harbor continues to advertise rapid delivery of abortion pills to Texas patients, defying the state's legal pressure. The outcome of this litigation will set a significant precedent regarding interstate digital health service provision in the post-Roe environment.
