AUSTIN, Texas — Since Texas enacted one of the most restrictive abortion laws in the country, several legal challenges against it have failed in court. But now a new lawsuit — filed by former state Sen. Wendy Davis — is taking a different legal approach.

“This is us just using every tool we have in our toolbox,” said Davis during an interview on Capital Tonight. “To make sure that we restore abortion care to people across this state who need it.”

Davis gained national attention in 2013 when she filibustered for 13 hours against another restrictive Texas abortion law. She also unsuccessfully ran for governor in 2014 and Congress in 2020.

The suit targets three private citizens and state Rep. Briscoe Cain, saying their threats against abortion funds violate the first amendment. Last month, Cain sent threat letters to eight abortion funds, saying they could face criminal charges if they continue to pay for abortion care.

Cain is referencing an older Texas statute that carried criminal punishments for those who “furnish” an abortion. While that law remains on the books, it was technically found unconstitutional after Roe v. Wade. However, the Republican reiterated that statute in a statement today, and says he plans to introduce legislation to enforce those rules.

“We will enact legislation next session to ensure that these lawbreakers are prosecuted, said Cain. “And we will authorize district attorneys from throughout the state to prosecute abortion crimes when the local DA is unwilling to do so.”

But Davis and the groups involved in the suit say the threats have “silenced” donors, and that the harassment is unconstitutional.

“This suit is essentially working to make sure that abortion funds, and people who donate to those funds, have the ability to freely do so,” said Davis. “[That] is of course protected by law.”

This suit is one of many currently challenging the law. In the eight months since it was enacted, abortions have dropped significantly in Texas, and thousands have traveled out of state each month seeking care.

“They are people who have had to carry pregnancies to term that they otherwise would not,” said Davis. “And it’s having a disproportionate impact on low-income people and people of color. This is becoming a state where only people of means can afford their full constitutional protections.”