
< img src ="https://static01.nyt.com/images/2025/03/27/multimedia/00Abortion-NYDoctor-clhm/00Abortion-NYDoctor-clhm-facebookJumbo.jpg" alt= ""> A New york city county clerk on Thursday obstructed Texas from submitting a legal action versus a New York medical professional for recommending and sending abortion pills to a Texas woman.The unprecedented move catapults the interstate abortion wars to a new level, setting the phase for a high-stakes legal fight in between states that ban abortion and states that support abortion rights.The conflict is widely anticipated to reach the Supreme Court, pitting Texas, which has a near-total abortion ban, against New York, which has a guard law that is meant to safeguard abortion suppliers who send medications to clients in other states.New York is one of eight states that have enacted”telemedicine abortion shield laws”after the Supreme Court overturned the national right to an abortion in 2022. The laws prevent officials from extraditing abortion suppliers to other states or from reacting to subpoenas and other legal
actions– a plain departure from typical interstate practices of complying in such cases.The action by the New york city county clerk is the very first time that an abortion shield law has been utilized to decline the enforcement of an out-of-state judgment.This case involves Dr. Margaret Daley Carpenter of New Paltz, N.Y., who deals with telemedicine abortion organizations to provide abortion tablets to patients across the country. In December, the Texas attorney general, Ken Paxton, sued Dr. Carpenter, who is not licensed in Texas, accusing her of sending out abortion tablets to a Texas woman, in offense of the state's ban.Dr. Carpenter and her attorneys did not respond to the suit and did disappoint up for a court hearing
last month in Texas. Judge Bryan Gantt of Collin County District Court provided a default judgment, ordering Dr. Carpenter to pay a charge of $113,000 and to stop sending out abortion medication to Texas.On Thursday, mentioning New York's shield law, the acting clerk of Ulster County in Kingston, N.Y., Taylor Bruck, stated he would not grant Texas'motion seeking to enforce the Collin County order. He also refused to permit Texas to submit a summons that sought to force Dr. Carpenter to pay the penalty and abide by the Texas ruling.”In accordance with the New york city State Guard Law, I have declined this filing and will refuse any similar filings that might come to our office,” Mr. Bruck said in a statement.”Considering that this choice is most likely to lead to further lawsuits, I need to avoid talking about particular information about the situation.”Mr. Paxton, the Texas attorney general, swore to press on.”I
am outraged that New York would refuse to enable Texas to pursue enforcement of a civil judgment against a radical abortionist illegally marketing unsafe drugs across state lines,” he said in a declaration. “New York is shredding the Constitution to conceal lawbreakers from justice, and it must end. I will not stop my efforts to implement Texas's pro-life laws that safeguard our unborn kids and moms.”Legal professionals said that a likely next action would be for Texas to file an obstacle to the guard law in a state or federal court in New York.New York's attorney general, Letitia James, had formerly sent out assistance to courts and officials throughout the state, directing them to follow the guard law and suggesting how they might comply and which particular actions were restricted.”I commend the Ulster County Clerk for doing what is right,”Ms. James stated in a declaration.”New York's guard law was developed to protect patients and suppliers from out-of-state anti-choice attacks, and we will not allow anyone to weaken health care service providers'capability to provide required care to their clients. My workplace will always protect New york city's doctor and individuals they serve.”
Texas was the very first state with an abortion ban to start legal action against abortion providers in states with guard laws.
In January, the first criminal charges against a shield-law abortion provider were submitted in a 2nd state, Louisiana. Because case, a state grand jury released a criminal indictment, also versus Dr. Carpenter, accusing her of breaking Louisiana's near-total abortion ban by sending pills to that state.Last month, Louisiana officials released an extradition order for Dr. Carpenter, which was immediately rebuffed by New York's governor, Kathy Hochul.”I will not be signing an extradition order that originated from the guv of Louisiana– not now, never,”Ms. Hochul stated then.Dr. Carpenter and her legal representatives have not commented about either the Texas or Louisiana case. The Abortion Coalition for Telemedicine, an
company Dr. Carpenter co-founded, has issued declarations in action to the cases.”Guard laws are important in safeguarding and allowing abortion care regardless of a patient's postal code or capability to pay, “the union has actually said. “They are fundamental to guaranteeing everyone can access reproductive healthcare as a human right.”Telemedicine abortion shield laws have become a crucial technique for advocates of abortion rights. Under these laws, which have actually been in use given that summer season 2023, healthcare suppliers in states where abortion is legal have been sending out more than 10,000 abortion pills monthly to patients in states with abortion restrictions or restrictions.The Texas suit accuses Dr. Carpenter of providing a 20-year-old lady with the 2 medications used in a basic
abortion program, mifepristone and misoprostol. Generally used up through 12 weeks into pregnancy, mifepristone obstructs a hormone needed for pregnancies to establish, and misoprostol, taken 24 to 48 hours later, triggers contractions similar to a miscarriage.According to a problem filed by the Texas attorney general's workplace, the woman, who had been 9 weeks pregnant, asked the”biological dad of her unborn kid “to take her to the emergency room in July “because of hemorrhage or severe bleeding.”The man”suspected that the biological mom had in reality done something to add to the miscarriage, “the suit said, and he returned to their home in Collin County, where he”found the 2 above-referenced medications from Carpenter.”In the Collin County court hearing last month, Ernest C. Garcia, chief of the administrative law division in the attorney general's workplace, said that the male”then submitted a complaint with the Texas Chief law officer's Workplace.”Source