Texas Attorney General Ken Paxton has filed a lawsuit against Margaret Carpenter, a New York-based doctor, accusing her of illegally mailing abortion pills to a 20-year-old woman in Texas. The lawsuit, filed on Thursday, underscores the tension between Texas’ stringent abortion restrictions and opposing policies in Democratic-led states.
Carpenter, founder of the Abortion Coalition for Telemedicine, allegedly prescribed abortion-inducing drugs to the woman, leading to complications. The Texas Attorney General’s office claims Carpenter violated state laws prohibiting the distribution of abortion drugs through mail or courier services and practicing telemedicine without a Texas medical license.
Texas’ Legal Actions
The state is seeking an injunction to prevent Carpenter from prescribing abortion pills to Texas residents and from practicing medicine in the state without proper licensure. Paxton is also pursuing a $100,000 fine for each violation of Texas law.
“In Texas, we treasure the health and lives of mothers and babies,” Paxton stated. “This is why out-of-state doctors may not illegally and dangerously prescribe abortion-inducing drugs to Texas residents.”
Shield Laws and Legal Complexities
Carpenter’s actions appear to be protected under New York’s recently enacted shield law, which offers legal protection to healthcare providers who prescribe abortion pills to women in states where the procedure is restricted or banned. New York is among 18 Democratic-controlled states that have implemented such protections following the Supreme Court’s 2022 decision overturning the nationwide right to abortion.
The case raises complex legal questions about extraterritoriality, the ability of one state to enforce its laws beyond its borders. This issue may be tested in court as Texas seeks to assert its abortion restrictions on actions originating in another state.
National Context
The lawsuit comes as abortion rights and access remain highly contentious in the United States. Earlier this year, the Supreme Court declined to block access to mifepristone, a widely used abortion pill, amid efforts by anti-abortion groups to impose restrictions.
The outcome of the Texas lawsuit could have significant implications for state-by-state enforcement of abortion laws and the broader legal battle over reproductive rights in the country.