Texas Attorney General Ken Paxton joined a multi-state coalition Tuesday, urging Congress to block “shield laws” that protect abortion providers from prosecution.
The coalition sent a letter to congressional leadership seeking federal legislation to override these state laws. The request represents an escalation in the legal battle over abortion access following the Supreme Court’s 2022 Dobbs decision.
Shield laws, enacted by several states after Dobbs overturned Roe v. Wade, prevent local authorities from cooperating with out-of-state abortion investigations. The attorneys general argue these laws violate constitutional provisions requiring states to honor each other’s legal proceedings.
“These shield laws are a direct attack on the rule of law and a grave threat to our constitutional order,” Paxton said in the August 5 press release. “They embolden lawlessness, weaken our ability to enforce Texas laws, and trample on the rights of sovereign states to protect the unborn.”
The coalition contends that shield laws undermine state sovereignty and violate the Constitution’s Full Faith and Credit Clause and Extradition Clause. They want Congress to use its constitutional authority to preempt these state protections.
Paxton specifically called for action against what he termed “radical anti-life policies,” including “statutes that allow unconscionable late-term abortions.” The letter did not specify which congressional powers the coalition believes would authorize such federal intervention.
The move follows Paxton’s recent legal action against a New York County Clerk who refused to enforce a court judgment against an abortion provider. That provider allegedly mailed abortion-inducing drugs into Texas illegally.
Texas maintains some of the nation’s strictest abortion laws since the Dobbs decision returned the issue to individual states.