In 2021, when Texas passed an abortion ban enforced through private lawsuits, U.S. Supreme Court Justice Elena Kagan sarcastically derided the architects of the law as “some geniuses” who’d found the “chink in the armor” to sidestep Roe v. Wade.

Four years later, those same folks are back with a new play to restrict the flow of abortion-inducing drugs into the state and a fresh set of never-before-seen legal tools that experts say would undermine the balance of power in the state.

Senate Bill 2880, which passed the Senate last week, allows anyone who manufactures, distributes, mails, prescribes or provides an abortion-inducing drug to be sued for up to $100,000. It expands the wrongful death statute to encourage family members, especially men who believe their partner had an abortion, to sue up to six years after the event, and empowers the Texas Attorney General to bring lawsuits on behalf of “unborn children of residents of this state.”

The bill has been referred to a House committee, where a companion bill faced significant pushback earlier this month.

That the Texas Senate passed a bill to crack down on abortion pills isn’t surprising. But the protections written into this bill, which says the law cannot be challenged as unconstitutional in state court, could have ripple effects far beyond the question of abortion access.

“This is absolutely unprecedented, what they’re trying to do here,” Joanna Grossman, a law professor at Southern Methodist University Dedman School of Law, said. “I haven’t reviewed every law in Texas, but I think it’s safe to say this has never been tried.”