Texas AG-elect vows to end Paxton's abortion pill suits, but private lawsuits remain

For four years, the Texas attorney general's office was one of the most aggressive enforcers of the state's abortion ban. That is about to change. Nathan Johnson, the Democrat elected attorney general on Nov. 3, said the day after the election that he will not continue Ken Paxton's practice of suing out-of-state doctors who send abortion medication to Texas patients ¹.

Johnson, a Dallas state senator and corporate litigator, is the first Democrat elected Texas attorney general since 1994. He defeated Republican Mayes Middleton ⁷. Johnson takes office in January ³.

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I will not pursue the judicially absurd position that Texas law has extra territorial effect.

Johnson also said he would honor other states' shield laws ¹. Shield laws are state laws that protect doctors who legally prescribe abortion pills in their own state from being punished by states with bans. At least eight states have them ⁶.

What Paxton did

Paxton gave up the attorney general's job to run for the U.S. Senate ¹. Democrat James Talarico beat him in that race, and Democrat Gina Hinojosa defeated Republican Gov. Greg Abbott ³.

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As attorney general, Paxton sued several doctors and pill providers in other states. In January 2026 he sued a Delaware-based nurse practitioner. In February 2026 he sued Aid Access, an online abortion provider, along with its founder, Dr. Rebecca Gomperts, and California doctor Remy Coeytaux ⁵. Aid Access says on its website that it has helped with more than 200,000 online abortions in the U.S. since it was founded in 2018 ⁵.

My office will defend the lives of the unborn and relentlessly enforce our state's pro-life laws

Those suits ran into the shield laws. In one test case, a Texas judge ordered New York doctor Margaret Carpenter to pay more than $100,000 in penalties. On Oct. 31, 2025, a New York judge ruled that a county clerk followed New York law when he refused to file the Texas judgment ⁶. The same day, New York Gov. Kathy Hochul rejected Louisiana's request to extradite Carpenter, who faces criminal charges there ⁶.

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Abortion-rights advocates say the Texas suits scared Texans away from getting pills by mail ¹. Johnson accused the outgoing administration of using the state's abortion laws to intimidate and harass providers ³. LifeNews, an anti-abortion outlet, reported that Johnson said he will review the pending suits filed under Paxton ⁴.

What does not change

The ban itself stays in place. Texas has one of the country's strictest abortion laws. It allows exceptions only when the mother's life or a major bodily function is at risk ². Johnson has been blunt that he cannot change that.

I'm not a legislator, and I can't change abortion law

Private enforcement doesn't change either. A state law known as House Bill 7 lets private citizens sue anyone involved in making or providing abortion pills to or from Texas, with awards of up to $100,000 ⁵. A Galveston County man has already used it to sue Dr. Coeytaux ⁵. That private-lawsuit law will stay on the books and will not come up for review this session ¹.

John Seago, president of Texas Right to Life, said attorneys general in states like Louisiana and Florida would keep filing similar lawsuits, and that Texas groups will lean on private enforcement ².

That's untouched. That doesn't have anything to do with the attorney general.

Federal courts are another front. LifeNews reported that the attorneys general of Texas and Florida filed a federal case asking a court to revoke the nationwide approval of mifepristone, one of the two abortion pills. A judge paused that case in August until at least December, at the request of the Food and Drug Administration (FDA), while the agency runs a safety review ⁴.

Where Democrats can make a difference

Democrats won the governor's office, the lieutenant governor's office, the attorney general's office and a majority in the Texas House. Republicans still hold the state Senate, with 19 of 31 seats ². That makes a repeal of the ban very unlikely. Hinojosa told Politico in September that repeal would not be a priority because it would need Republican votes ¹.

The governor still has real tools, though. Hinojosa could replace the leadership of the Health and Human Services Commission, the state's health agency. Commissioner Stephanie Muth's appointment expires Feb. 1 ¹. That agency runs Thriving Texas Families, a program that sends more than $200 million to private contractors, including crisis pregnancy centers that counsel against abortion ¹².

Hinojosa will also appoint members of the 19-member Texas Medical Board, where a block of terms expires in April ¹. The board writes the guidance doctors follow on when the ban's medical exceptions apply ¹². University of Houston political scientist Brandon Rottinghaus said she can shape how parts of the law are carried out and how exceptions are read ¹.

The Legislature meets in January. Nancy Sims, a political science lecturer at the University of Houston, predicted that bills adding exceptions, such as for rape or incest, may pass ². Amy O'Donnell of the anti-abortion Texas Alliance for Life said the House could pass such bills but "they will not pass the Senate" ².

That matters because it shows what one election can and cannot do. Winning the attorney general's office ends the state's campaign against doctors in other states. Without the state Senate, though, the ban and its private-lawsuit tools stay in place. Kaitlyn Kash, a former plaintiff who left Texas for an abortion after her baby was diagnosed with a severe developmental disorder, said it is "way too early" to know whether bigger changes are possible ².

The Record

1. Oct 31, 2025A New York judge rules that an Ulster County clerk properly refused to file Texas's judgment against Dr. Margaret Carpenter under New York's shield law ⁶.
2. Feb 25, 2026Spectrum News reports that Paxton has sued Aid Access, its founder and a California doctor, citing House Bill 7 ⁵.
3. Nov 3, 2026Nathan Johnson defeats Republican Mayes Middleton and becomes the first Democrat elected Texas attorney general since 1994 ⁷.
4. Nov 4, 2026Johnson says he will not continue Paxton's suits against out-of-state doctors who mail abortion pills and will honor other states' shield laws ¹.
5. Nov 7, 2026Texas Right to Life's John Seago says anti-abortion groups will rely on private enforcement, which he calls 'untouched' ².

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<h2>Texas AG-elect vows to end Paxton&#39;s abortion pill suits, but private lawsuits remain</h2> <p><em>By The GOP Files National Desk. This article first appeared on <a href="https://thegopfiles.com/story/texas-ag-elect-vows-to-end-paxton-s-abortion-pill-suits-but-private-lawsuits-remain">The GOP Files</a> on Monday, November 9, 2026.</em></p> <p>For four years, the Texas attorney general&#39;s office was one of the most aggressive enforcers of the state&#39;s abortion ban. That is about to change. Nathan Johnson, the Democrat elected attorney general on Nov. 3, said the day after the election that he will not continue Ken Paxton&#39;s practice of suing out-of-state doctors who send abortion medication to Texas patients .</p> <p>Johnson, a Dallas state senator and corporate litigator, is the first Democrat elected Texas attorney general since 1994. He defeated Republican Mayes Middleton . Johnson takes office in January .</p> <blockquote><p>I will not pursue the judicially absurd position that Texas law has extra territorial effect.</p><p>&mdash; Nathan Johnson, Texas attorney general-elect, D-Texas</p></blockquote> <p>Johnson also said he would honor other states&#39; shield laws . Shield laws are state laws that protect doctors who legally prescribe abortion pills in their own state from being punished by states with bans. At least eight states have them .</p> <h2>What Paxton did</h2> <p>Paxton gave up the attorney general&#39;s job to run for the U.S. Senate . Democrat James Talarico beat him in that race, and Democrat Gina Hinojosa defeated Republican Gov. Greg Abbott .</p> <p>As attorney general, Paxton sued several doctors and pill providers in other states. In January 2026 he sued a Delaware-based nurse practitioner. In February 2026 he sued Aid Access, an online abortion provider, along with its founder, Dr. Rebecca Gomperts, and California doctor Remy Coeytaux . Aid Access says on its website that it has helped with more than 200,000 online abortions in the U.S. since it was founded in 2018 .</p> <blockquote><p>My office will defend the lives of the unborn and relentlessly enforce our state&#39;s pro-life laws</p><p>&mdash; Ken Paxton, Texas attorney general, R-Texas</p></blockquote> <p>Those suits ran into the shield laws. In one test case, a Texas judge ordered New York doctor Margaret Carpenter to pay more than $100,000 in penalties. On Oct. 31, 2025, a New York judge ruled that a county clerk followed New York law when he refused to file the Texas judgment . The same day, New York Gov. Kathy Hochul rejected Louisiana&#39;s request to extradite Carpenter, who faces criminal charges there .</p> <p>Abortion-rights advocates say the Texas suits scared Texans away from getting pills by mail . Johnson accused the outgoing administration of using the state&#39;s abortion laws to intimidate and harass providers . LifeNews, an anti-abortion outlet, reported that Johnson said he will review the pending suits filed under Paxton .</p> <h2>What does not change</h2> <p>The ban itself stays in place. Texas has one of the country&#39;s strictest abortion laws. It allows exceptions only when the mother&#39;s life or a major bodily function is at risk . Johnson has been blunt that he cannot change that.</p> <blockquote><p>I&#39;m not a legislator, and I can&#39;t change abortion law</p><p>&mdash; Nathan Johnson, Texas attorney general-elect, D-Texas</p></blockquote> <p>Private enforcement doesn&#39;t change either. A state law known as House Bill 7 lets private citizens sue anyone involved in making or providing abortion pills to or from Texas, with awards of up to $100,000 . A Galveston County man has already used it to sue Dr. Coeytaux . That private-lawsuit law will stay on the books and will not come up for review this session .</p> <p>John Seago, president of Texas Right to Life, said attorneys general in states like Louisiana and Florida would keep filing similar lawsuits, and that Texas groups will lean on private enforcement .</p> <blockquote><p>That&#39;s untouched. That doesn&#39;t have anything to do with the attorney general.</p><p>&mdash; John Seago, president, Texas Right to Life</p></blockquote> <p>Federal courts are another front. LifeNews reported that the attorneys general of Texas and Florida filed a federal case asking a court to revoke the nationwide approval of mifepristone, one of the two abortion pills. A judge paused that case in August until at least December, at the request of the Food and Drug Administration (FDA), while the agency runs a safety review .</p> <h2>Where Democrats can make a difference</h2> <p>Democrats won the governor&#39;s office, the lieutenant governor&#39;s office, the attorney general&#39;s office and a majority in the Texas House. Republicans still hold the state Senate, with 19 of 31 seats . That makes a repeal of the ban very unlikely. Hinojosa told Politico in September that repeal would not be a priority because it would need Republican votes .</p> <p>The governor still has real tools, though. Hinojosa could replace the leadership of the Health and Human Services Commission, the state&#39;s health agency. Commissioner Stephanie Muth&#39;s appointment expires Feb. 1 . That agency runs Thriving Texas Families, a program that sends more than $200 million to private contractors, including crisis pregnancy centers that counsel against abortion .</p> <p>Hinojosa will also appoint members of the 19-member Texas Medical Board, where a block of terms expires in April . The board writes the guidance doctors follow on when the ban&#39;s medical exceptions apply . University of Houston political scientist Brandon Rottinghaus said she can shape how parts of the law are carried out and how exceptions are read .</p> <p>The Legislature meets in January. Nancy Sims, a political science lecturer at the University of Houston, predicted that bills adding exceptions, such as for rape or incest, may pass . Amy O&#39;Donnell of the anti-abortion Texas Alliance for Life said the House could pass such bills but &quot;they will not pass the Senate&quot; .</p> <p>That matters because it shows what one election can and cannot do. Winning the attorney general&#39;s office ends the state&#39;s campaign against doctors in other states. Without the state Senate, though, the ban and its private-lawsuit tools stay in place. Kaitlyn Kash, a former plaintiff who left Texas for an abortion after her baby was diagnosed with a severe developmental disorder, said it is &quot;way too early&quot; to know whether bigger changes are possible .</p> <p><em>Read the original, with every source linked, at <a href="https://thegopfiles.com/story/texas-ag-elect-vows-to-end-paxton-s-abortion-pill-suits-but-private-lawsuits-remain">thegopfiles.com</a>. Republished under The GOP Files' <a href="https://thegopfiles.com/republish">free republishing terms</a>.</em></p> <img src="https://thegopfiles.com/api/rp/texas-ag-elect-vows-to-end-paxton-s-abortion-pill-suits-but-private-lawsuits-remain.gif" alt="" width="1" height="1" style="border:0;width:1px;height:1px">

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Sources

1. The Texas Tribune, “Attorney General-elect Nathan Johnson says he won't sue out-of-state doctors who mail abortion pills to Texas” (2026-11-04). texastribune.org/2026/11/04/texas-abortion-ban-democrats-nat
2. KUT / Texas Public Radio, “At the dawn of a new Texas frontier, advocates consider possibilities for abortion rights” (2026-11-07). tpr.org/government-politics/2026-11-07/at-the-dawn-of-a-new-
3. Newsmax via Yahoo News, “Texas AG-Elect Johnson Vows to End Abortion Pill Fight” (2026-11-05). yahoo.com/news/politics/articles/texas-ag-elect-johnson-vows
4. LifeNews, “New Texas Attorney General Will Let Abortion Drugs Flood the State” (2026-11-09). lifenews.com/2026/11/09/new-texas-attorney-general-will-let-
5. Spectrum News, “Paxton sues abortion pill provider, doctor citing new Texas law” (2026-02-25). spectrumlocalnews.com/tx/austin/news/2026/02/25/paxton-sues-
6. The Texas Tribune / AP, “New York tosses Ken Paxton challenge in abortion pills case” (2025-10-31). texastribune.org/2025/10/31/texas-lawsuit-new-york-abortion-
7. KSAT / The Texas Tribune, “In major upset, Nathan Johnson takes Texas attorney general's office for Democrats” (2026-11-03). ksat.com/news/texas/2026/11/04/in-major-upset-nathan-johnson

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