Could Texas reverse course on abortion? Democrats think there’s an opening

November 12, 2026

Following significant Democratic victories in Texas midterm elections, party leaders who now control the state House and hold the governor, lieutenant governor, and attorney general positions are preparing to challenge the state's near-total abortion ban that has been connected to multiple maternal deaths. While Republicans retain Senate control, Democrats plan a multi-faceted approach including full repeal efforts, adding exceptions for medical emergencies and cases of rape or incest, and scaling back aggressive enforcement tactics used by the previous administration. Similar Democratic takeovers in Georgia suggest a broader regional shift on reproductive rights policy.

Who is affected

Pregnant Texans, particularly those facing medical emergencies, rape, incest, fatal fetal anomalies, or who are human trafficking survivors
Women who have died due to complications related to the abortion ban
Healthcare providers in Texas and other states (Delaware, New York, California, Netherlands) who have faced lawsuits for providing abortion services or medications to Texans
Anti-abortion organizations like Texas Right to Life
Anti-abortion centers (non-medical facilities) that receive public funding in Texas
Reproductive rights advocates like Kaitlyn Kash who were denied healthcare in Texas
Doctors who risk prosecution for providing abortions

What action is being taken

State Rep. Donna Howard filed legislation on Monday to repeal Texas' abortion bans
Democratic lawmakers in the Senate have filed bills to add rape, incest, and fatal fetal anomaly exceptions to the ban
Democrats have put forth a bill in the state Senate to impose new regulations on how anti-abortion centers advertise themselves
Attorney General-elect Nathan Johnson has indicated he will not continue the aggressive anti-abortion lawsuits against out-of-state providers that characterized his predecessor's tenure

Why it matters

Texas is the largest state in the country with an abortion ban and has served as a testing ground for novel anti-abortion legislation that influences national policy. The state's abortion ban has been directly linked to multiple women's deaths, and any loosening or repeal of restrictions in Texas could signal a broader shift in the national reproductive rights landscape, particularly following Republicans' historic midterm losses. The Democratic victories represent the first statewide Democratic wins in Texas since 1994, marking a significant political transformation in a state that has been at the forefront of restricting abortion access and could influence similar debates in other states like Georgia.

What's next

Lt. Gov.-elect Vikki Goodwin will continue focusing on undoing Texas' abortion ban as she presides over the Senate
Gov.-elect Gina Hinojosa intends to work with Republican state legislators to ensure doctors are no longer prosecuted for providing abortions in medical emergencies
Democrats will present legislation to the body that repeals abortion restrictions and will attempt to negotiate exceptions with the Republican-controlled Senate
Democrats plan to impose new scrutiny on anti-abortion centers
Georgia's incoming Democratic Governor Keisha Lance Bottoms will "begin to have those conversations" to determine if lawmakers might undo the state's six-week abortion ban
Texas Right to Life stated it will "work overtime" in 2027 to prevent Democrats from legalizing abortion

Read full article from source: The 19th