Last week, the Texas attorney general sued a New York doctor for prescribing abortion medication to a Texas woman in violation of state law that makes abortion-inducing drugs illegal.
The lawsuit is the first of its kind to challenge shield laws that abortion-supporting states passed in an attempt to protect abortionists from the legal ramifications of prescribing abortion-inducing drugs to women in states with laws restricting abortion.
Background
Texas law protects preborn babies from abortion with a few limited exceptions. The law also includes provisions for private citizens to sue those who aid or abet an abortion.
This lawsuit involves a New York doctor who allegedly prescribed mifepristone and misoprostol, the two-pill cocktail known as “the abortion pill,” through a telehealth appointment. The abortion-inducing drugs resulted in serious medical problems for the 20-year-old Texas woman, which required medical intervention.
Legal Arguments
Texas contends that New York-based Dr. Maggie Carpenter knowingly violated Texas abortion law by providing medication to induce an abortion.
In their lawsuit, Texas argues that telehealth appointments must follow state law, even if the doctor is based outside of the state.
The lawsuit claims that the doctor’s continued “violations of Texas law places women and unborn children in Texas at risk.”
Texas is asking for $250,000 in damages and that the doctor be prohibited from violating Texas state law in the future.
Response
New York’s attorney general released a statement in response to the Texas lawsuit claiming New York “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 is one of 18 states that passed shield laws to limit the culpability of abortion providers. New York’s shield law helps abortionists by prohibiting cooperation with prosecutions and lawsuits in other states.
Implications
There are far-reaching consequences for this case when it comes to abortion law. This case highlights the growing tension between states that have moved to protect life and states that seek to expand abortion access. If Texas is successful, it would have a significant impact in curbing telehealth abortion services to states with pro-life laws on the books.
This case could reach the United States Supreme Court and become a landmark case addressing abortion rights and state sovereignty.
The Daily Citizen will continue to follow this developing story.
Image from Getty.
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