Ken Paxton Faces the First Lawsuit Over a Death Linked to an Abortion Ban
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This story was originally published by The 19th.
The family of a woman who died after she could not get an abortion in Texas is suing doctors and state officials including Attorney General Ken Paxton. It is the first lawsuit over a death linked to an abortion ban.
“Tierra Walker is dead and those responsible must be held accountable,” the suit reads. “At every turn, Texas’s political and medical establishments not only failed but actively harmed Ms. Walker.”
The case, filed Tuesday in state court by a malpractice firm and the abortion rights group Amplify Legal, argues that Texas’ abortion bans violate both the state and U.S. Constitution. This case is also the first to directly sue Paxton, who has taken a leading role in enforcing Texas’ ban. Paxton is locked in a tight race for the U.S. Senate.
“Both the Texas Constitution and the Federal Constitution prohibit state actors from killing their citizens,” the suit reads.
Walker is one of the numerous women whose deaths have been linked to abortion bans. Other deaths have occurred in North Carolina and Georgia, states with bans less restrictive than Texas’. Texas’ near-total abortion ban provides exceptions only if staying pregnant puts someone “at risk of death or poses a serious risk of substantial impairment of a major bodily function.” In 2025 — after Walker’s death — the state passed a law meant to clarify what constitutes a risk of death. But the penalties for violating the state’s ban remain onerous, and many doctors have said it is not obvious what care........
