A Woman’s Right to Know: State Abortion Law and the Due Process Fair Notice Requirement

Abstract

When the Supreme Court overturned Roe v. Wade in 2022, the loss of reproductive freedom was not the only health care crisis created by the Court. Across the country, people with chronic conditions, including autoimmune disease, were unable to access their prescription medication after abortion bans imposed restrictions on abortion-inducing drugs. Texas’s state medication abortion law, the Woman’s Right to Know Act, may prevent those with disabilities from accessing lifesaving medication with abortifacient properties. This unintended consequence puts health care professionals such as doctors and pharmacists at risk of legal liability for simply prescribing the best course of treatment. This Note argues that the Woman’s Right to Know Act has left health care professionals unable to understand what conduct is prohibited and provides too much discretion to law enforcement, rendering the law unconstitutionally vague. Clarifying the law and prohibiting provider liability is in the best interests of both patients and providers and will allow health care professionals to continue their work to protect patient health.