Texas Man Challenges Abortion Pill Distribution in Federal Court

A Texas resident, Jerry Rodriguez, has initiated a groundbreaking federal wrongful death lawsuit against Dr. Remy Coeytaux, a California-based abortion provider. The lawsuit, filed in the Southern District of Texas, accuses Dr. Coeytaux of illegally mailing abortion pills across state lines, resulting in the termination of two pregnancies that Rodriguez claims were his. This case, Rodriguez v. Coeytaux, is the first of its kind to test the limits of pro-life litigation against blue state abortion shield laws by invoking century-old federal statutes and Texas civil code.

Allegations and Legal Basis

The lawsuit alleges that Dr. Coeytaux facilitated illegal self-managed abortions by sending abortion-inducing drugs to Galveston County, Texas. Rodriguez claims that his girlfriend’s estranged husband purchased these pills through a Venmo transaction labeled “Aed axes,” which Rodriguez interprets as a phonetic spelling of “Aid Access,” a network assisting women in obtaining abortion pills. The complaint details two alleged abortions: one in September 2024 at the home of Rodriguez’s girlfriend’s mother and another in January 2025 at her estranged husband’s residence. Ultrasound images from January are presented as evidence of a second pregnancy.

Legal Implications and Strategic Test

Rodriguez seeks over $75,000 in damages and aims to certify a national class of “fathers of unborn children.” He also requests a permanent injunction to prevent Dr. Coeytaux from mailing abortion drugs in violation of state or federal law. The lawsuit revives the Comstock Act, an 1873 federal anti-obscenity law prohibiting the mailing of abortion-related materials, which has been dormant for over a century. Represented by Jonathan Mitchell, known for his role in Texas’s heartbeat law (SB8), Rodriguez argues that Dr. Coeytaux violated federal statutes by mailing abortion-inducing drugs from California to Texas.

Potential Impact on Abortion Legislation

This case is viewed as a strategic challenge to blue state abortion shield laws, with states like California having enacted measures to protect their providers from legal risks when treating out-of-state patients. By filing directly in federal court, Rodriguez’s legal team bypasses these protections, potentially setting a precedent for future anti-abortion litigation targeting out-of-state providers.

As of now, Dr. Coeytaux has not responded to the lawsuit or made any public statements regarding the case. Pro-abortion groups are anticipated to contest both the interpretation of the Comstock Act and the standing of private citizens to bring wrongful death claims related to out-of-state telehealth prescriptions.