Texas Judge Fines New York Doctor and Orders Her to Stop Sending Abortion Pills to Texas
The New York Times
It is the first ruling in a case challenging “shield laws” intended to protect doctors in states that support abortion rights who send abortion pills to states with bans.
In a case that could have major implications for abortion access in the United States, a Texas judge on Thursday ordered a New York doctor to stop prescribing and sending abortion pills to patients in Texas and to pay a penalty of more than $100,000 for providing the medication to one woman.
The case is widely expected to reach the Supreme Court and become a pivotal test in the escalating battle between states that ban abortion and states that support abortion rights. It essentially pits Texas, which has a near-total abortion ban, against New York, which has a “telemedicine abortion shield law” intended to protect abortion providers who send medications to patients in other states.
These shield laws have become a key abortion rights strategy since the Supreme Court overturned the national right to abortion in 2022. The laws, enacted in eight states so far, stipulate that officials and agencies will not cooperate with civil suits, prosecutions or other legal actions filed against health care providers who prescribe and send abortion medication to patients in other states.
Such laws represent a stark departure from typical interstate practices of extraditing, honoring subpoenas and sharing information. Under telemedicine abortion shield laws, which have been in use since summer 2023, health care providers in states where abortion is legal have been sending more than 10,000 abortion pills per month to patients in states with abortion bans or restrictions.
The Texas lawsuit was filed in December by the Texas attorney general, Ken Paxton, against Dr. Margaret Daley Carpenter of New Paltz, N.Y., who works with telemedicine abortion organizations to provide pills to patients across the country. The suit alleges that Dr. Carpenter, who is not licensed in Texas, supplied abortion pills to a woman in Texas.
The order signed on Thursday by Judge Bryan Gantt of Collin County District Court said that Dr. Carpenter “is permanently enjoined from prescribing abortion-inducing drugs to Texas residents.” Violating an injunction can result in a contempt order from a judge, which could carry additional financial penalties or a jail sentence. The judge also ordered a $100,000 fine and about $13,000 in attorneys’ fees and court costs plus interest.
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