Texas AG sues Delaware telehealth abortion provider

Lawsuit alleges Her Safe Harbor violated Texas law by sending abortion pills across state lines

Jan. 28, 2026 at 9:23pm

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Texas Attorney General Ken Paxton has filed a lawsuit against Delaware telehealth provider Her Safe Harbor, accusing the company of violating Texas law by routinely sending abortion-inducing pills to women across state lines. The lawsuit claims Her Safe Harbor, which also operates as Delaware Community Care, is an "out-of-state abortion drug trafficker" that is "aiding in the murder of unborn children in Texas." However, legal experts say the case against the provider is weak, as it is based solely on media interviews rather than concrete evidence.

Why it matters

This lawsuit represents the first major legal test of Delaware's shield law, which protects providers sued or criminally prosecuted by out-of-state entities for providing reproductive health care. The outcome could have significant implications for the ability of telehealth providers to serve patients in states with strict abortion bans.

The details

The lawsuit alleges that Her Safe Harbor, led by Debra Lynch, violated Texas' Human Life Protection Act by sending abortion-inducing medications like mifepristone and misoprostol to women in Texas, where most abortions are banned. Paxton claims Lynch is practicing medicine without a doctor's license. However, legal experts say the case lacks substantial evidence, as it is based solely on media interviews where Lynch discussed sending pills to certain Texas cities.

  • The lawsuit was filed by Texas Attorney General Ken Paxton on January 29, 2026.

The players

Ken Paxton

The Republican Attorney General of Texas who filed the lawsuit against the Delaware telehealth provider.

Debra Lynch

The founder and operator of the Delaware telehealth service Her Safe Harbor, which also operates as Delaware Community Care.

Her Safe Harbor

A Delaware telehealth provider that offers abortion-inducing medications, birth control, and emergency contraceptives by mail to all 50 states.

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What they’re saying

“Every time the phone rings, every woman reaching out for help, that is our concern. He's already harming the women of Texas and the children of Texas so severely that anything he threatens to us just pales in comparison.”

— Debra Lynch (WHYY News)

“The day of reckoning for this radical out-of-state abortion drug trafficker is here. No one, regardless of where they live, will be freely allowed to aid in the murder of unborn children in Texas.”

— Ken Paxton, Texas Attorney General (WHYY News)

What’s next

The judge in the case will decide whether to grant the injunctions Paxton is seeking to prohibit Her Safe Harbor from providing abortion-inducing medications to Texas residents.

The takeaway

This lawsuit represents a major legal challenge to Delaware's shield law, which is intended to protect providers from out-of-state prosecution for offering reproductive health services. The outcome could have far-reaching implications for the ability of telehealth providers to serve patients in states with strict abortion bans.