In a landmark case testing the strength of state abortion “shield laws”, a Texas judge has ordered a New York doctor to immediately cease mailing abortion pills to Texas patients and pay over $100,000 in fines. The ruling by Judge Bryan Gantt of Collin County District Court against Dr. Margaret Daley Carpenter sets the stage for a potential Supreme Court showdown over interstate abortion access in a post-Roe America.
Case Challenges Abortion “Shield Laws”
The lawsuit, filed in December by Texas Attorney General Ken Paxton, alleges that Dr. Carpenter provided a 20-year-old Texas woman with abortion pills mifepristone and misoprostol via telemedicine and mail. When the woman sought follow-up care, her partner filed a complaint with the AG’s office under a Texas law encouraging such lawsuits.
Dr. Carpenter practices in New York, one of 23 states that have enacted “shield laws” to protect abortion providers serving patients in states with bans. These laws prohibit cooperation with out-of-state investigations into legally protected reproductive healthcare.
Extradition Standoff Between States
In a separate but related case, Louisiana officials have filed the first-ever criminal indictment attempting to extradite Dr. Carpenter for allegedly mailing the same pills to a teenager there. New York Governor Kathy Hochul vowed not to comply, stating:
I will not be signing an extradition order that came from the governor of Louisiana—not now, not ever.
New York Governor Kathy Hochul
Louisiana AG Jeff Landry argues “the doctor must face extradition to Louisiana where justice will be served.” The dueling cases represent an unprecedented interstate conflict over abortion in the wake of the Supreme Court overturning Roe v. Wade.
Injunction and Financial Penalties Against Doctor
In his Thursday order, Judge Gantt mandated that Dr. Carpenter:
- Immediately stop prescribing and mailing abortion pills
- Pay $100,000 in fines plus $13,000 in legal fees
Violating the injunction against providing pills could result in additional contempt of court penalties. Dr. Carpenter and her attorneys did not appear at the Texas hearing, believing New York’s shield law protects against extradition and judgments.
Potential Path to Supreme Court
If Texas attempts to collect the $100,000 fine by petitioning a New York court, a legal battle could ensue that may reach the U.S. Supreme Court to settle questions about the constitutionality and supremacy of the conflicting state laws.
Dr. Carpenter leads the Abortion Coalition for Telemedicine, which said in a statement that the case “represents the latest escalation in [an] ongoing state-sponsored effort to prosecute safe and effective healthcare.” So far in the last five months of 2023, over 40,000 patients in states banning abortion have received pills from providers in “shield” states.
As the first such case to levy fines and an injunction against an out-of-state abortion provider, this Texas lawsuit is poised to become a pivotal test for abortion access in a nation divided between protecting and prosecuting it. The outcome could redefine the cross-border legal landscape, with major implications for both abortion seekers and those aiding them nationwide.
