This story first appeared in Courier Texas
On Nov. 3, Texans face a pivotal decision regarding reproductive healthcare as they choose between Attorney General Ken Paxton (R) and State Rep. James Talarico (D) for the US Senate.
The candidates present opposing views on abortion. Paxton, who applauded the overturning of Roe v. Wade in 2022, has threatened legal action against medical professionals performing abortions under life-threatening conditions. Talarico, meanwhile, criticizes what he describes as “extreme” abortion bans and has proposed measures to lower maternal mortality rates in Texas.
Where do Talarico and Paxton stand on Texas’ abortion ban?
Paxton has been an ardent supporter of anti-abortion policies.
After the Dobbs ruling nullified Roe v. Wade, Paxton labeled prior abortion rights as “unconstitutional and unconscionable.” He strongly backs Texas’ stringent abortion ban and anticipates “defending the pro-life laws of Texas and the lives of all unborn children moving forward.”
In 2022, Paxton reiterated support for the state’s ban, which prohibits abortions from conception, except in rare circumstances. He opposed the Biden administration’s interpretation of the EMTALA law that mandates emergency care, which Paxton argued would turn emergency rooms into “walk-in abortion clinics.” The 5th Circuit Court of Appeals ruled that Texas’ abortion laws take precedence over EMTALA, even for medical emergencies.
Talarico, however, argued that existing bans remove autonomy from women and healthcare providers. “I don’t believe that’s a place for the government. I don’t believe that’s a place for the state,” he stated, attributing his stance to his Christian faith. Talarico emphasized that “pro-life” voters should be concerned about the ban’s risks, particularly with Texas’ limited exceptions for emergencies. “They should be deeply disturbed by this abortion ban in Texas because we have women who are literally dying in emergency room parking lots because doctors are too afraid to provide the healthcare they need,” he stated in an interview.
Dallas mother Lauren Miller’s experience spotlighted the ban’s impact. Hospitalized twice due to a rare pregnancy condition, she was forced to travel to Colorado for a procedure to save her healthy twin after learning one twin had Trisomy 18. “I needed an abortion of an obviously unviable twin in order to protect the life of a viable twin. I was heading towards organ failure but apparently I wasn’t dead enough,” Miller shared with Courier Texas.
Talarico’s legislative efforts reflect his support for women’s healthcare rights. In 2022, he introduced HB 819 to repeal several pre-Roe abortion restrictions, including the “trigger ban” and a 1925 law potentially criminalizing abortion. The bill reached the House State Affairs Committee in 2023 but did not advance.
How would each candidate handle medical exceptions to the ban?
When Amanda Zurawski nearly died from sepsis after her water broke at 18 weeks, she pursued a case to the Texas Supreme Court, seeking clarity on medical exceptions to the state’s abortion ban. Paxton opposed the case, celebrating when the court refused to clarify exceptions.
“Ken Paxton has made life worse for us, and his legal team insisted in our court case that we weren’t even harmed by the abortion ban,” Zurawski commented. She expressed concern over Paxton’s potential impact as a senator, fearing his influence on national policies.
Kate Cox’s case further illustrates the tension. After obtaining permission for an abortion due to a fatal fetal anomaly, Paxton threatened criminal and civil action against her OBGYN. Cox, already suffering from Trisomy 18 effects, fled to another state for the procedure.
Talarico’s criticism of Texas’ strict abortion laws extends to his support for exceptions. A spokesperson emphasized, “Ken Paxton has consistently pushed to criminalize women’s healthcare and put politicians in the middle of decisions that should be left to Texas women, their doctors, and their faith.” Talarico co-sponsored SB 31, which allows medical intervention before life-threatening conditions occur.
What would they do about Texas’ maternal mortality rate?
Texas’ maternal mortality rate exceeds the national average, disproportionately affecting women of color. Between 2016-2020, 83 Black women died per 100,000 live births in Harris County, marking the highest rate in the US.
In September 2026, Tierra Walker’s family sued Paxton, alleging that restrictive abortion policies contributed to her death from preeclampsia. Paxton has not commented on maternal health on his campaign site, focusing instead on broader health initiatives.
Talarico has proposed specific measures to address maternal mortality, including coverage for doulas and midwives and supporting the Healthy Start program. His campaign outlines plans to “end maternal care deserts, improve data collection, provider training, and investment in maternal health research,” and to ensure new mothers can take necessary health-related leave.
Dr. Austin Dennard, a Dallas OB-GYN, underscores the practical challenges faced under current laws. After discovering her fetus had anencephaly, she traveled out of state for an abortion. “I have spent my entire adult life training to care for women in the moments when minutes matter,” Dennard stated, criticizing politicians for intervening in medical decisions.
She notes that Talarico offers a governance approach based on “trust.” He trusts women to know their own lives and physicians who have dedicated their careers to care. “OBYNs don’t need politicians practicing medicine from the Capitol,” Dennard remarked. “We need them to get out of the exam room and let us do the jobs we sacrificed so much of our lives to learn how to do.”
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