Federal lawsuit in Texas marks first wrongful death case involving interstate abortion

A unique wrongful death lawsuit in Texas could test the relationship between conflicting state abortion laws.

The plaintiff, Jerry Rodriguez, has filed a lawsuit in Texas federal court against a California doctor who allegedly mailed his girlfriend abortion pills to terminate her pregnancy. Remy Coeytaux, MD, is being accused of violating state law that prohibits abortions, including those that are medically induced. However, in California, where Coeytaux lives and practices medicine, the state has a law that protects providers who mail abortion pills and birth control to states where they are otherwise banned.

Rodriguez is seeking $75,000 in damages, in what marks the first-ever interstate wrongful death lawsuit pertaining to abortions.  

As to why it was filed in federal court, the Wall Street Journal reports that it is part of the strategy of Jonathan Mitchell, a conservative attorney responsible for Texas's de facto ban on abortions, known as the “heartbeat” law.

Mitchell is accusing Coeytaux of not only violating state law in Texas but also federal law—specifically the Comstock Act of 1873, which bans anyone from knowingly mailing indecent and obscene material.

The act explicitly mentions abortion-related material as part of its moratorium. However, it hasn’t been used for any such conviction since before Roe v. Wade. 

Mitchell intends to ask the court to ban the mailing of abortion pills to states where they’re banned, in addition to awarding Rodriguez damages. 

The case has yet to move forward. 

For more details, read the Wall Street Journal’s coverage at the link below.