(The Center Square) — New York Attorney General Letitia James jumped into a cross-border legal fight against her Texas counterpart over efforts to punish a New York City doctor accused of sending abortion pills to the state.
In a new court filing Monday, James announced she plans to intervene in a lawsuit filed by Texas Attorney General Ken Paxton, who has been trying to get New York courts to enforce a $113,000 civil fine against Dr. Margaret Carpenter, founder of the Abortion Coalition for Telemedicine. Carpenter is accused of breaking that state’s law by prescribing abortion medication, mifepristone, through telemedicine.
“Texas has no authority in New York, and no power to impose its cruel abortion ban here,” James, a Democrat, said in a statement. “Our shield law exists to protect New Yorkers from out-of-state extremists, and New York will always stand strong as a safe haven for health care and freedom of choice.”
Paxton, a Republican, initially sued Carpenter in December for providing a Collin County resident with abortion-inducing drugs that terminated the pregnancy of the mother but also caused “serious health complications requiring medical intervention.”
But Acting Ulster County Clerk Taylor Bruck has rejected the attorney general’s request twice, citing New York’s “shield” law. In July, Paxton filed another lawsuit seeking to enforce the court’s judgment, saying the New York clerk “plainly rejected” attempts by Texas to “enforce the judgment and authorize collection of the penalty.”
“I am outraged that New York would refuse to allow Texas to pursue enforcement of a civil judgment against a radical abortionist illegally peddling dangerous drugs across state lines,” Paxton said in a recent statement about the legal challenge.
Under Texas law, physicians and medical suppliers are barred from providing abortion-inducing drugs by courier, delivery, or mail service. Texas also restricts physicians from treating patients or prescribing medicine through telehealth services unless they are licensed to practice medicine in the state.
A U.S. District Court judge ruled Carpenter violated state laws, fined her $100,000 and ordered that she pay all court costs and attorney fees totaling over $13,000 with 7.5% interest for every day the fines aren’t paid.
The ruling also banned Carpenter from prescribing abortion-inducing drugs to Texas residents and from practicing medicine in Texas without a license and registration.
New York is one of several Democratic-led states that passed so-called “shield” laws blocking physicians who perform abortions from prosecution by other states in response to a U.S. Supreme Court ruling that overturned federal protections for abortions.
Democratic Gov. Kathy Hochul has praised the county clerk for rejecting the Texas attorney general’s request and vowed to defend Carpenter against an “anti-abortion zealot.”
