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Ken Paxton’s Anti-Abortion Influence Already Extended Beyond Texas. He Could Take It Further in the Senate.

25 0
19.10.2026
Photo illustration by Lisa Larson-Walker/ProPublica. Source images: Kevin Dietsch/Getty Images, skaman306/Getty Images, Mike Klein/Getty Images.

Early in his tenure as Texas attorney general, Ken Paxton issued a statement commemorating what he believed was a national tragedy.

“It’s impossible to fill the void of more than 50 million missing human beings,” he said in 2016. He was marking the 43rd anniversary of Roe v. Wade, the Supreme Court ruling that protected abortion rights — and had long stood in the way of efforts to ban terminations in early pregnancy, when most abortions occur.

Paxton spent the years that followed testing Roe’s limits and ultimately prevailed where others had failed: In 2021, he defended a near-total abortion ban that Texas legislators had designed to evade conventional legal challenges. The U.S. Supreme Court allowed it to take effect while Roe remained in force.

After the justices overturned Roe the following year, Paxton kept pushing, pursuing new ways to extend the reach of Texas’ restrictions. He prevailed against the Biden administration, picked fights with states that protect abortion access and pioneered strategies that his peers later adopted or expanded.

While Paxton’s tenure as attorney general has drawn criticism from across the political spectrum for his personal scandals and alleged misuse of the office, detractors and allies alike agree that his signal achievement as the state’s top legal official has been advancing restrictions on abortion.

A close look at his record shows a clear pattern in his successes: He relentlessly tests the limits of the law and employs novel legal strategies to advance his goals.

Paxton’s national role as an anti-abortion warrior would change if he wins his U.S. Senate race. As Texas attorney general, he has been able to act largely on his own authority. If he prevails in November, he would become one of 100 senators in a chamber where most legislation needs 60 votes to overcome a filibuster.

But allies who have witnessed his victories see an opening.

“He’ll have the ability to use some of the laws that he’s defended in Texas as influence to draft legislation in the U.S. Senate,” said Mary Elizabeth Castle, director of government relations at Texas Values, a Christian advocacy group that supports a national abortion ban.

Legal experts and advocates on both sides expect he could join colleagues who are pressuring the Food and Drug Administration to revoke its approval of the abortion drug mifepristone.

Anti-abortion activists at the state and federal level are also trying to secure legal rights for fetuses, which could have implications for reproductive care like birth control and in vitro fertilization. Paxton, who has called himself a strong supporter of IVF, recently said he was open to restrictions intended to prevent the loss of fertilized eggs.

His litigation has also raised questions that experts expect the Supreme Court to confront, including whether a federal law, which mandates hospitals provide stabilizing care to patients having an emergency, overrides state abortion bans; whether to treat a fetus as a separate patient that has its own emergency care rights; and how far states can go in pursuing out-of-state doctors who prescribe abortion medication to patients in states where it’s banned.

During the current race, abortion has played a far smaller role than questions about Paxton’s ethics. His Democratic opponent, James Talarico, has said that he supports restoring a federal right to abortion and that his Christian faith calls for an end to “extreme” laws that Paxton has defended and that have forced women to flee the state for emergency abortion care.

Lately, Paxton has said little about abortion — an issue on which he has defended restrictions more stringent than many Texans say they want.

But those who have watched Paxton extend the reach of Texas law beyond its borders are paying close attention to his Senate bid.

Dr. Jennifer Villavicencio, an abortion provider, said she has felt compelled to move her family twice to states with strong laws shielding doctors from out-of-state litigation, partly out of concern that Paxton is creating a blueprint for targeting providers like her.

“It’s very disheartening and scary to think that it’s maybe coming to the U.S. Senate,” she said.

Photo illustration by Lisa Larson-Walker/ProPublica. Source images: Drew Angerer/Getty Images, Tasos Katopodis/Getty Images.

Paxton successfully defended a near-total abortion ban before Roe v. Wade was struck down.

When Paxton became Texas attorney general in 2015, there was no ambiguity about where he stood on abortion.

Raised by an anti-abortion activist, he married his sweetheart from a Christian college, who spoke proudly about the fact that she was adopted, saying her birth mother “chose life.” She campaigned for Paxton, but he had his own bona fides. A law he’d co-sponsored as a state senator banned almost all abortions after 20 weeks.

Similar 20-week bans had taken root across the country as decades of court rulings chipped away at Roe, but no state had managed to enforce a ban as early as six........

© ProPublica