New York Blocks Texas From Enforcing Abortion Law Against Doctor, Wields Shield Law for 1st Time
As Texas and Louisiana continue their efforts to punish New York’s Dr. Margaret Carpenter under their respective abortion bans, experts warn that we’re in for a thorny legal showdown.
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The chilling saga of Texas’ quest to punish a New York abortion provider, Dr. Margaret Carpenter, for sending medication abortion to a Dallas woman continued this week, with important action taken by a New York county official. On Thursday, the acting clerk of Ulster County, Taylor Bruck, invoked New York’s shield law to bar Texas from punishing Carpenter. Shield laws protect health care workers from legal threats for providing abortion care to patients across state lines.
In December, Texas Attorney General Ken Paxton filed a lawsuit against Carpenter for allegedly prescribing and sending the pills, which is legal—at least for now. In February, a district judge in Texas ordered Carpenter to pay a penalty of $113,000 and stop sending abortion medication to Texas. But Bruck says he will not grant Texas’ motion to enforce the Texas judge’s order. Per the New York Times, this is the first time a shield law has been used to protect a doctor from another state’s abortion laws.
“In accordance with the New York State Shield Law, I have refused this filing and will refuse any similar filings that may come to our office,” Bruck said in a statement. “Since this decision is likely to result in further litigation, I must refrain from discussing specific details about the situation.” New York Attorney General Letitia James praised Bruck’s actions in a separate statement: “New York’s shield law was created to protect patients and providers from out-of-state anti-choice attacks, and we will not allow anyone to undermine health care providers’ ability to deliver necessary care to their patients,” she said. “My office will always defend New York’s medical professionals and the people they serve.”
This conflict between New York and Texas is expected to continue, and could even make its way to the Supreme Court. Carpenter’s case is the first of its kind, but it won’t be the last: Texas was only able to bring forth its case against Carpenter because Paxton and anti-abortion activists in the state are reportedly recruiting abusive men to snitch on their partners’ abortions. The goal is to then use these tips to sue out-of-state doctors like Carpenter and try to challenge and throw out shield laws altogether. The anti-abortion organization Texas Right to Life told the New York Times last month we can expect additional lawsuits from these men soon.