Texas authorities charged a man with capital murder for allegedly slipping his girlfriend the abortion pill mifepristone, which led to her miscarriage. This case marks Texas’s first abortion-related murder charge and has reignited national debate over whether the law should define a fetus as a person.
According to the Parker County Sheriff’s Office, Banta learned in September 2024 that his then-girlfriend was pregnant. She wanted to keep the baby, but Banta did not and offered to pay for an abortion.
The following month, Banta allegedly met her at a coffee shop and secretly added mifepristone to her coffee and cookies. The next day, she reported a miscarriage.
Capital murder charge shifts focus on fetus definition
Texas Rangers charged Banta with capital murder. The charge suggests the agency is legally recognizing the fetus as the victim.
In similar cases, men have typically faced lesser charges — such as assault of a pregnant woman — for secretly administering abortion pills. What sets Banta’s case apart is that prosecutors are not treating the woman as the victim; instead, they are centering the charge on the fetus.
Post-Roe legal questions resurface
The case is sparking renewed debate following the Supreme Court’s 2022 decision to overturn Roe v. Wade.
Before the decision, courts did not recognize embryos and fetuses as having the same legal rights as people. But with that precedent no longer in place, legal questions over whether a fetus has constitutional rights remain unresolved.
Joanna Grossman, a law professor at Southern Methodist University, told the Texas Tribune the case has serious legal implications.
“It has implications for all kinds of fertility medicine and it has potential implications for criminal and immigration law,” Grossman said. “If you detain a pregnant woman, are you illegally detaining the fetus who did not commit a crime? The purpose of this has nothing to do with caring whether this woman was victimized, but it’s about trying to establish fetal personhood.”
Pro-life groups stress need for abortion pill safeguards
Texas Right to Life, a pro-life organization, issued a statement in response to the case, with the focus on abortion pill access in states with abortion bans.
“Banta’s case highlights the continued threat of abortion pills in Texas,” the group wrote. “Abortion pills not only end the lives of unborn children but also place women at serious risk. Justin Banta should not be the cautionary tale that lawmakers ignore. His case highlights the urgent need for stronger safeguards to prevent abortion pills from falling into the wrong hands.”
Case outcome could shape future precedent
Even if prosecutors convict Banta, the case may not establish a legal precedent on fetal personhood because jury trials do not create binding law.
However, if Banta appeals a conviction, the case could carry broader legal implications. If an appellate court upholds a conviction for the murder of a fetus, that ruling could create a legally binding precedent.
Because Banta faces a capital murder charge, Texas law allows the death penalty as a possible sentence.
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Author: Devin Pavlou
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