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Rights & Freedoms · Report · File No. 261112-733

Texas Democrats vow to repeal abortion ban, but Republicans still hold the Senate

Democrats now lead the Texas House, governor's office, lieutenant governor's office and attorney general's office. They plan to push for repeal. They admit a full repeal is unlikely, so they are also seeking new exceptions.

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Vikki Goodwin
Vikki Goodwin. Photo: Cole-Wilson-93, CC BY-SA 4.0

Texas Democrats say they will push to repeal the state's near-total abortion ban after winning key leadership posts in the midterm election. The ban has been linked to the deaths of multiple women 1.

Democrats now control the Texas House. The governor, lieutenant governor and attorney general are the first Democrats elected statewide in Texas since 1994 1.

A repeal bill, and a Senate roadblock

State Rep. Donna Howard, a Democrat who chairs the House Women's Health Caucus, filed a bill Monday to repeal Texas' abortion bans 1. She was candid about the odds. A full repeal is "unlikely to pass in the Senate," she said, because Republicans still control that chamber 1.

Donna Howard
There’s no question we will put legislation before the body that repeals the restrictions
Donna Howard, Texas state representative, D-Austin1

Democrats are therefore also looking at narrower changes. Howard said they see an opening for exceptions in cases of rape or incest, for survivors of human trafficking, and for fatal fetal anomalies, which are pregnancy conditions in which a baby cannot survive 1. Democratic senators have filed bills to add rape, incest and fatal-anomaly exceptions 1.

From Channel GOPHinojosa explains how Democrats finally won TexasGina Hinojosa · 200 plays · captioned, with the source named

Lt. Gov.-elect Vikki Goodwin repeatedly called for ending the ban during her campaign. Her spokesperson, Sophia Mirto, said she "meant what she said on the campaign trail" 1. Republicans have suggested they will redefine the lieutenant governor's role to limit her power to set legislative policy 1.

Governor and attorney general take different routes

Gov.-elect Gina Hinojosa has said she will work with Republican lawmakers to "prioritize making sure that doctors are no longer prosecuted" if they perform abortions in medical emergencies 1. The Texas Tribune reports she told Politico in September that repeal would not be a priority, because it would need Republican votes 2.

Attorney General-elect Nathan Johnson will replace Ken Paxton. Paxton sued providers in Delaware, New York, California and the Netherlands for allegedly mailing abortion pills to Texans 1. Johnson said continuing that effort is "not on my list of priorities." He said he was not yet ready to say whether he would drop the existing cases 1.

The Tribune reports that Johnson said he will not pursue the position that Texas law reaches beyond the state's borders. It also reports that a 2025 law allowing private lawsuits against abortion pill providers is not expected to be revisited next session 2. That law has been little used so far 1.

What happens next

The Legislature's next regular session is in 2027. Texas Right to Life, a leading anti-abortion group, said it "will have to work overtime" to stop Democrats 1. The group pointed to House Bill 7, the law allowing private lawsuits, as a way to keep blocking abortions 1.

In 2027, Texas Right to Life will have to work overtime to stop Democrats from legalizing abortion again
Kimberley Schwartz, Spokesperson, Texas Right to Life1

That matters because Texas is the largest state to ban abortion. Advocates say that loosening its rules could shift the national fight 1. The ban stays in force for now, and the Tribune says Democrats are not expected to repeal it soon 2.

Georgia may follow a similar path. Democrat Keisha Lance Bottoms, the governor-elect, said Democrats there will "begin to have those conversations" about undoing the state's six-week ban 1.

The Record

  1. Attorney General-elect Nathan Johnson says he will stop suing out-of-state doctors who mail abortion pills into Texas 2.
  2. Rep. Donna Howard files a bill to repeal Texas' abortion bans 1.
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Sources

  1. The 19th, “Could Texas reverse course on abortion? Democrats think there’s an opening” (2026-11-12). 19thnews.org/2026/11/texas-abortion-laws-democrats-change/
  2. The Texas Tribune, “Nathan Johnson won’t sue out-of-state abortion pill providers” (2026-11-04). texastribune.org/2026/11/04/texas-abortion-ban-democrats-nat

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