Since that law’s passage—and the right-wing US Supreme Court’s overturning of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization the following year—Texas has passed additional forced birth laws banning nearly all abortions as well as targeting providers who mail abortion pills from other states.
According to Cox and Koebler, Johnson County Sheriff’s deputies accessed Flock cameras in states where abortion is legal, including Illinois and Washington. Johnson County Sheriff Adam King told 404 Media at the time that his department searched for the woman because “her family was worried that she was going to bleed to death, and we were trying to find her to get her to a hospital.”
“We weren’t trying to block her from leaving the state or whatever to get an abortion,” King said. “It was about her safety.”
King’s office, forced birth advocates, and Flock Safety subsequently attempted to gaslight those who reported that deputies searched for the woman as part of a probe into potential violations of state laws.
However, new documents and court records obtained by the digital rights group Electronic Frontier Foundation (EFF) and shared with 404 Media show that Johnson County Sheriff’s deputies initiated a “death investigation” of a “nonviable fetus” and discussed prosecuting the woman for allegedly self-administering an abortion.
”To no one’s surprise, they were full of s—,” Jessica Valenti and Kylie Cheung wrote Tuesday for Valenti’s Abortion, Every Day Substack.
As EFF’s Dave Maas and Rindala Alajaji noted:
In recent years, anti-abortion advocates and prosecutors have increasingly attempted to use “fetal homicide” and “wrongful death” statutes—originally intended to protect pregnant people from violence—to criminalize abortion and pregnancy loss. These laws, which exist in dozens of states, establish legal personhood of fetuses and can be weaponized against people who end their own pregnancies or experience a miscarriage.
In fact, a new report from Pregnancy Justice found that in just the first two years since the Supreme Court’s decision in Dobbs, prosecutors initiated at least 412 cases charging pregnant people with crimes related to pregnancy, pregnancy loss, or birth—most under child neglect, endangerment, or abuse laws that were never intended to target pregnant people. Nine cases included allegations around individuals’ abortions, such as possession of abortion medication or attempts to obtain an abortion—instances just like this one. The report also highlights how, in many instances, prosecutors use tangentially related criminal charges to punish people for abortion, even when abortion itself is not illegal.
”By framing their investigation of a self-administered abortion as a ‘death investigation’ of a ‘nonviable fetus,’ Texas law enforcement was signaling their intent to treat the woman’s self-managed abortion as a potential homicide, even though Texas law does not allow criminal charges to be brought against an individual for self-managing their own abortion,” Maas and Alajaji added.
Valenti and Cheung asserted that “this is what cruel, abusive men seeking to exert power over women do: harass them over their abortions.”
They were referring not only to the Texas woman’s “vindictive, controlling partner” who tipped off police—and was later convicted of pistol-whipping and choking her—but also to King, who, despite being recently arrested and indicted on four felony sexual harassment charges, was allowed to return to work part-time. King was also previously indicted in August for alleged sexual harassment and corrupt influence for allegedly retaliating against a witness.
“These are the kind of men who target women for their abortions,” Valenti and Cheung wrote. “It’s a trend that AED warned about in our 2025 predictions: that the anti-abortion movement would increasingly rely on aggrieved and abusive men to do their dirty work.”
They continued:
Since November, top Texas-based anti-abortion activists have bragged about recruiting men to sue over their partner’s abortions. Jonathan Mitchell is one of the anti-abortion attorneys leading that charge: after his client Marcus Silva sued his ex’s friends over her abortion, he tried to use the case to blackmail her into resuming a sexual relationship. At this point, even Texas Attorney General Ken Paxton is reportedly recruiting men for this purpose.
”This isn’t about a few bad actors—but the predictable outcome of living in a reproductive police state bent on surveillance and punishment,” Valenti and Cheung said. “And in a moment when pregnancy criminalization is on the rise, it’s vital we understand how this police state operates.”
The willingness of Republicans, including US Vice President JD Vance, to embrace the tracking of women who have or are seeking abortions has raised alarms among reproductive rights advocates.
“Reproductive dragnets are not hypothetical concerns. These surveillance tactics open the door for overzealous, anti-abortion state actors to amass data to build cases against people for their abortion care and pregnancy outcomes,” Ashley Kurzweil, senior policy analyst in reproductive health and rights at the National Partnership for Women & Families, told 404 Media Tuesday.
“Law enforcement exploitation of mass surveillance infrastructure for reproductive health criminalization promises to be increasingly disruptive to the entire abortion access and pregnancy care landscape,” Kurzweil added. “The prevalence of these harmful data practices and risks of legal action drive real fear among abortion seekers and helpers—even intimidating people from getting the care they need.”
