Recent Texas Lawsuit Tests New York’s Pro-Abortion ‘Shield’ Law
Written by on December 17, 2024
[[{“value”:”
A recent lawsuit filed by Texas Attorney General Ken Paxton against a New York abortionist will highlight the conflict between state abortion bans and abortion “shield” laws. Abortion “shield” laws are laws that attempt to insulate abortionists in pro-abortion states from the consequences of violating the abortion laws of pro-life states.
In 2023, Gov. Kathy Hochul signed New York’s abortion “shield” law, which New York Families Foundation refers to as the Tele-Abortionist Protection Act (Chapter 138 of the Laws of 2023). The Tele-Abortionist Protection Act allows New York abortionists to use telehealth to facilitate pill abortions for residents of other states without fear of extradition, arrest, professional discipline, or malpractice insurance consequences.
The recent Texas lawsuit alleges that Dr. Megan Carpenter, a New York physician, consulted with a pregnant Texas woman via telemedicine and provided her with abortion pills in violation of Texas law. The lawsuit, which was filed in Texas, raises two questions. The first question is whether New York’s Tele-Abortionist Protection Act bars lawsuits as well as criminal proceedings against New York abortionists. If the courts answer that question is “yes,” the second question is whether Texas law or New York law should govern the situation.
The lawsuit asks the courts to issue an injunction barring Dr. Carpenter from practicing telemedicine in Texas and from prescribing abortion pills to patients from Texas; it also seeks fines and attorneys’ fees.
Ardently pro-abortion New York Attorney General Letitia James made the following comments: “‘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. 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.’”
New York Families Foundation applauds the filing of the Texas lawsuit. The New York Attorney General, as well as the doctors who reside in New York, should respect the pro-life laws of other states instead of seeking to work around them or blatantly violate them.
The post Recent Texas Lawsuit Tests New York’s Pro-Abortion ‘Shield’ Law appeared first on New York Families Foundation.
“}]]
