Texas gubernatorial candidate Alma Hinojosa, running as a Democrat, has made it clear she wants to eliminate criminal penalties for doctors who perform abortions. Hinojosa laid out her position in a recent appearance, signaling a sharp divide from current Texas law and the state’s Republican leadership.
During her remarks, Hinojosa declared her intention to “remove criminal penalties for doctors providing abortions.” She did not specify whether her proposal would impact other aspects of abortion law, such as civil penalties or regulations on clinics, but focused her message on shielding medical professionals from prosecution under state law.
Texas currently enforces some of the nation’s strictest abortion laws, including criminal penalties for physicians who perform abortions outside of tightly restricted exceptions. Hinojosa’s announcement puts her at direct odds with Texas Governor Greg Abbott and the Republican-controlled legislature, which have championed increased enforcement and penalties since the Supreme Court overturned Roe v. Wade.
Hinojosa’s position was reported by Breitbart, which noted her clear intent to change the legal risks facing abortion providers in Texas.
Hinojosa stated, “I’ll remove criminal penalties for doctors,” making clear that her reform focus is on protecting healthcare providers from prosecution. Her comments indicate a belief that current laws unfairly target doctors for performing procedures that, under her vision, should not be subject to criminal law.
It remains unclear whether Hinojosa would seek to expand abortion access beyond repealing criminal penalties, or if her plan would address legal provisions around civil lawsuits, licensing, or patient access. She has not yet provided detailed policy language or a legislative roadmap for her proposal.
Under current Texas statutes, doctors who perform abortions except in rare cases, such as to save the life of the mother, can face felony charges, license suspension, and steep fines. The state’s “trigger law,” which went into effect after the Supreme Court’s Dobbs decision, created new enforcement mechanisms and increased scrutiny on medical professionals.
Republican lawmakers have defended these laws as necessary to protect unborn life and to deter what they see as illegal abortion activity. Abbott’s administration has shown no sign of backing away from the criminalization approach favored by the majority of the state legislature.
Hinojosa’s announcement puts the issue front and center in the Texas governor’s race. If elected, she would face the challenge of working with a legislature that has so far shown strong support for criminal penalties and other strict abortion limits. Legal analysts point out that any changes to these statutes would require legislative action, not just an executive order.
At this stage, Hinojosa has not released a detailed plan or legislative language explaining how she would remove criminal penalties or what, if any, limits on abortion she would support. Investigators and voters alike will need to see whether she clarifies her position on broader abortion access, and how she would navigate the legal and political obstacles in Texas.
Hinojosa’s position has already drawn sharp criticism from conservative leaders and activists, who argue that removing criminal penalties would undermine the pro-life laws that Texans have supported through their elected representatives. Supporters of the current statutes contend that any rollback would put doctors above the law and risk a return to what they see as unregulated abortion practices.
For now, the legal status quo remains in place, with doctors facing significant risks for performing abortions outside the narrow exceptions allowed by Texas law. Any change would require not only a new governor, but a fundamental shift in legislative priorities at the state capitol.
Texas voters now face a clear choice: maintain the existing legal framework or back a candidate promising to remove criminal penalties for abortion providers. Lawmakers, courts, and the public will all play a role in what comes next.
With the law, as with elections, Texans are not known for backing down from a fight, and this battle over abortion law promises to test both sides’ resolve.
