Texas · U.S. Senate · Tuesday, November 3, 2026
Where do the candidates stand on abortion and reproductive rights?
Ken PaxtonRepublican
James TalaricoDemocrat
Part of the full Texas U.S. Senate comparison · Last reviewed October 19, 2026
Abortion & Reproductive Rights
Each position is labeled by what it rests on: a campaign proposal, a public statement, a past action such as a vote or lawsuit, or an enacted policy. Where nothing is documented, the page says so.
Documented positions
Ken Paxton
His campaign pledges to "defend the unborn"; as attorney general he sued providers in other states and an Austria-based group over abortion medication allegedly sent to people in Texas.
Show the evidence (2)Hide the evidence
- Campaign proposal
His campaign says he will stand with President Trump to "defend the unborn." SourceThe Fight at Hand (opens in a new tab)Ken Paxton for Senate · Campaign
- Past actionFeb. 2026
As attorney general, sued out-of-state abortion providers he said had prescribed or shipped abortion medication to people in Texas, including a New York doctor (late 2024), a Delaware nurse practitioner (January 2026), and Aid Access, an Austria-based nonprofit, along with its Dutch founder and a California physician (February 2026). A Texas judge issued a penalty against the New York doctor; when Paxton tried to enforce it in New York, officials there refused to comply, citing the state's shield law, and a New York judge dismissed the case in October 2025. 2 sourcesTexas AG sues Delaware nurse practitioner over abortion pills (opens in a new tab)KUT · Jan. 27, 2026 · NewsAG Ken Paxton sues more out-of-state providers for allegedly shipping abortion pills to Texas (opens in a new tab)KERA, via Houston Public Media · Feb. 25, 2026 · News
- Campaign proposal
His campaign says he will stand with President Trump to "defend the unborn." SourceThe Fight at Hand (opens in a new tab)Ken Paxton for Senate · Campaign
- Past actionFeb. 2026
As attorney general, sued out-of-state abortion providers he said had prescribed or shipped abortion medication to people in Texas, including a New York doctor (late 2024), a Delaware nurse practitioner (January 2026), and Aid Access, an Austria-based nonprofit, along with its Dutch founder and a California physician (February 2026). A Texas judge issued a penalty against the New York doctor; when Paxton tried to enforce it in New York, officials there refused to comply, citing the state's shield law, and a New York judge dismissed the case in October 2025. 2 sourcesTexas AG sues Delaware nurse practitioner over abortion pills (opens in a new tab)KUT · Jan. 27, 2026 · NewsAG Ken Paxton sues more out-of-state providers for allegedly shipping abortion pills to Texas (opens in a new tab)KERA, via Houston Public Media · Feb. 25, 2026 · News
James Talarico
Supports federal legislation to codify Roe v. Wade and protect access to contraception and IVF.
Show the evidence (2)Hide the evidence
- Campaign proposal
Proposes federal legislation to codify Roe v. Wade and to protect access to contraception and IVF. 3 sourcesJames Talarico on Freedom, Family & Faith (opens in a new tab)Talarico for Texas · Jan. 2, 2026 · CampaignJames Talarico on Health Care & Prescription Drug Costs (opens in a new tab)Talarico for Texas · Jan. 2, 2026 · CampaignTexas U.S. Senator — VOTE411 Voter Guide (opens in a new tab)League of Women Voters Education Fund (VOTE411) · 2026 · Candidate questionnaire
- Public statementOct. 14, 2026
At an Oct. 14, 2026 CNN town hall, told a voter who opposes abortion that they could work together on reducing unplanned pregnancies and the number of abortions by treating the issue as a public health problem. SourceTalarico tackles abortion, faith and ‘conspiracy theories’: Takeaways from the CNN & Jubilee town hall (opens in a new tab)CNN · Oct. 14, 2026 · News
- Campaign proposal
Proposes federal legislation to codify Roe v. Wade and to protect access to contraception and IVF. 3 sourcesJames Talarico on Freedom, Family & Faith (opens in a new tab)Talarico for Texas · Jan. 2, 2026 · CampaignJames Talarico on Health Care & Prescription Drug Costs (opens in a new tab)Talarico for Texas · Jan. 2, 2026 · CampaignTexas U.S. Senator — VOTE411 Voter Guide (opens in a new tab)League of Women Voters Education Fund (VOTE411) · 2026 · Candidate questionnaire
- Public statementOct. 14, 2026
At an Oct. 14, 2026 CNN town hall, told a voter who opposes abortion that they could work together on reducing unplanned pregnancies and the number of abortions by treating the issue as a public health problem. SourceTalarico tackles abortion, faith and ‘conspiracy theories’: Takeaways from the CNN & Jubilee town hall (opens in a new tab)CNN · Oct. 14, 2026 · News
Recorded votes on abortion and reproductive rights
Selected votes
Ken Paxton
H.B. 2, regulation of abortion procedures, providers and facilities (83rd Texas Legislature, 2nd Called Session, 2013)
AbortionProhibited abortion at 20 or more weeks post-fertilization, with exceptions; required physicians performing abortions to have admitting privileges at a hospital within 30 miles; regulated abortion-inducing drugs; and required abortion facilities to meet ambulatory surgical center standards from Sept. 1, 2014.
Passed the Texas Senate 19–11 on July 12, 2013; signed by the governor July 18, 2013. In Whole Woman's Health v. Hellerstedt (2016), the U.S. Supreme Court held that the law's admitting-privileges requirement imposed an undue burden on abortion access in violation of the U.S. Constitution. In Dobbs v. Jackson Women's Health Organization (2022), the Court overruled Roe v. Wade and Planned Parenthood v. Casey, holding that the Constitution does not confer a right to abortion.
5 sources83(2) History for HB 2 (opens in a new tab)Texas Legislature Online · Legislative record83(2) HB 2 - Enrolled version - Bill Text (opens in a new tab)Texas Legislature Online · July 2013 · Legislative recordSenate Journal, 83rd Legislature, Second Called Session, Third Day (Friday, July 12, 2013) (opens in a new tab)Texas Senate · July 12, 2013 · Legislative recordJune Medical Services L. L. C. v. Russo, 591 U.S. ___ (2020) (opens in a new tab)Supreme Court of the United States · June 29, 2020 · Court recordDobbs v. Jackson Women's Health Organization, 597 U.S. ___ (2022) (opens in a new tab)Supreme Court of the United States · June 24, 2022 · Court recordVoted yesTexas Senate · July 12, 2013
On third reading and final passage
2 sourcesSenate Journal, 83rd Legislature, Second Called Session, Third Day (Friday, July 12, 2013) (opens in a new tab)Texas Senate · July 12, 2013 · Legislative record83(2) History for HB 2 (opens in a new tab)Texas Legislature Online · Legislative record
James Talarico
S.B. 4, regulation of drug-induced abortion (87th Texas Legislature, 2nd Called Session, 2021)
AbortionBarred providing abortion-inducing drugs by courier, delivery or mail service; barred physicians from providing them for a pregnancy of more than 49 days' gestational age; added to the list of abortion complications that must be reported; and made intentionally, knowingly or recklessly violating these provisions a state jail felony, with the pregnant woman exempt from criminal liability.
Passed the Texas House 82–41, with 1 present, not voting, on third reading on Aug. 31, 2021 (Record 121), after passing to third reading 83–42 on Aug. 30, 2021 (Record 115); signed by the governor Sept. 17, 2021; effective Dec. 2, 2021.
4 sourcesHouse Journal, 87th Legislature, Second Called Session, 5th Day (Aug. 30, 2021) (opens in a new tab)Texas House of Representatives · Aug. 30, 2021 · Legislative recordHouse Journal, 87th Legislature, Second Called Session, 6th Day (Aug. 31, 2021) (opens in a new tab)Texas House of Representatives · Aug. 31, 2021 · Legislative record87(2) History for SB 4 (opens in a new tab)Texas Legislature Online · 2021 · Legislative record87(2) SB 4 - Enrolled version - Bill Text (opens in a new tab)Texas Legislature Online · Sept. 2021 · Legislative recordVoted noTexas House of Representatives · Aug. 31, 2021
On passage on third reading (Record 121)
SourceHouse Journal, 87th Legislature, Second Called Session, 6th Day (Aug. 31, 2021) (opens in a new tab)Texas House of Representatives · Aug. 31, 2021 · Legislative record
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