Saturday, December 14, 2024 -Texas Attorney General Ken Paxton has filed a civil lawsuit against a New York physician for allegedly mailing ab0rtion pills to a 20-year-old woman in Texas, violating the state’s strict abortion laws.
Margaret Carpenter, founder of the Abortion Coalition for Telemedicine,
is accused of prescribing abortion-inducing drugs without holding a Texas
medical license.
The lawsuit alleges that Carpenter’s actions resulted in the termination
of a pregnancy and serious complications for the patient. Paxton’s office
stated, “Texas laws prohibit a physician or medical supplier from providing any
abortion-inducing drugs by courier, delivery, or mail service. No physician may
treat patients or prescribe Texas residents medicine through telehealth
services unless the doctor holds a valid Texas medical license.”
Carpenter, based in New York, is not licensed to practice medicine in
Texas. The attorney general is seeking an injunction to prevent her from
practicing medicine in Texas and prescribing abortion pills to its residents.
The lawsuit also demands a $100,000 fine for each alleged violation.
“In Texas, we treasure the health and lives of mothers and babies, and
this is why out-of-state doctors may not illegally and dangerously prescribe
abortion-inducing drugs to Texas residents,” Paxton said.
The case underscores the tension between Texas’ abortion restrictions
and laws in states like New York, where abortion rights are strongly protected.
New York has passed a “shield law” designed to protect doctors from legal
consequences when prescribing abortion medication to women in states where the
procedure is outlawed.
Since the Supreme Court overturned Roe v. Wade in 2022, 18 states with
Democratic leadership have enacted similar shield laws, according to the Center
for Reproductive Rights. These laws are meant to safeguard access to abortion
services amid growing legal challenges and state-level bans.
The Texas lawsuit highlights questions of extraterritoriality—the
application of one state’s laws to residents or actions in another state. This
legal gray area raises complex issues for courts, especially in cases involving
conflicting state laws.
Earlier this year, the U.S. Supreme Court rejected an attempt by
anti-abortion groups to restrict access to mifepristone, a widely used abortion
pill. The outcome of this case could set significant precedents for
telemedicine practices and cross-state abortion access in the post-Roe era.
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