Texas Sues New York Doctor for Prescribing Abortion Pills in Challenge to Shield Laws
State’s First Lawsuit Against Out-of-State Doctor
Texas has sued a New York doctor for prescribing abortion pills to a woman near Dallas, launching one of the first challenges in the U.S. to shield laws that Democrat-controlled states passed to protect physicians after Roe v. Wade was overturned.
State Lawsuit Accuses New York Doctor of Violating Texas Law
Texas Attorney General Ken Paxton filed the lawsuit on Thursday in Collin County, and it was announced Friday. The lawsuit accuses Dr. Margaret Daley Carpenter of violating Texas law by providing the drugs to a Texas patient and seeks up to $250,000. No criminal charges are involved.
Chilling Effect on Prescriptions
Mary Ruth Ziegler, a law professor at the University of California, Davis, School of Law, said a challenge to shield laws, which blue states started adopting in 2023, has been anticipated. “Will doctors be more afraid to mail pills into Texas, even if they might be protected by shield laws because they don’t know if they’re protected by shield laws?” Ziegler said in an interview Friday.
Texas’s Aggressive Approach to Abortion
Texas bars abortion at all stages of pregnancy and has been one of the most aggressive states at pushing back against abortion rights. It began enforcing a state law in 2021 – even before the U.S. Supreme Court overturned Roe v. Wade and opened the door to state bans – that barred nearly all abortions by allowing citizens to sue anyone who provides an abortion or assists someone in obtaining one.
New York’s Shield Law
New York Gov. Kathy Hochul and Attorney General Letitia James, both Democrats, said they would defend reproductive freedom. “As other states move to attack those who provide or obtain abortion care, New York is proud to be a safe haven for abortion access,” James said in a prepared statement. “We will always protect our providers from unjust attempts to punish them for doing their job and we will never cower in the face of intimidation or threats.”
Challenges to Abortion Rights
While most Republican-controlled states began enforcing bans or tighter restrictions on abortion after Roe v. Wade was overturned, most Democratic states have adopted laws that aim to protect their residents from investigation or prosecution under other states’ abortion laws. At least eight states have gone farther, offering legal protections to health care providers who prescribe abortion pills to patients in states where abortion is banned. That scenario makes up for about 10% of all abortions in the U.S., a survey for the Society of Family Planning found.
Conclusion
The lawsuit against Dr. Carpenter is a significant challenge to the shield laws and the right to abortion in the United States. It remains to be seen how the courts will rule on this case and what impact it will have on the availability of abortion pills.
FAQs
* What is the purpose of the lawsuit?
The lawsuit is a challenge to the shield laws that Democrat-controlled states have passed to protect physicians who prescribe abortion pills to patients in states where abortion is banned.
* What is the Texas law in question?
The Texas law bars abortion at all stages of pregnancy and allows citizens to sue anyone who provides an abortion or assists someone in obtaining one.
* What is the response from New York’s governor and attorney general?
New York Gov. Kathy Hochul and Attorney General Letitia James have said they will defend reproductive freedom and protect health care providers from unjust attempts to punish them for doing their job.
* What is the potential impact of this lawsuit?
The lawsuit could have a chilling effect on the prescribing of abortion pills and potentially restrict access to this form of reproductive healthcare.
