On Friday, a grand jury in the West Baton Rouge Parish of Louisiana indicted a New York doctor, Dr. Margaret Carpenter, for allegedly prescribing and mailing abortion pills to a mother and daughter, who’s a minor, in Louisiana. The jury also indicted the mother, and Carpenter’s company, Nightingale Medical, PC. All three parties were charged with criminal abortion by means of abortion-inducing drugs, which is a felony in Louisiana. In December, the state of Texas sued Carpenter for allegedly mailing abortion pills to a Dallas woman; Texas’ is a civil case that doesn’t involve criminal charges.
The Associated Press reports that this is the first case of a doctor facing criminal charges for mailing medication abortion to a different state since the Dobbs v. Jackson Women’s Health ruling in 2022. New York is among several states that enforce shield laws, which protect abortion providers from facing legal threats for providing abortion care or mailing abortion pills to individuals living in abortion-banned states. Between these felony charges against Carpenter coming from Louisiana, and the lawsuit from Texas, anti-abortion leaders seem determined to challenge shield laws.
New York Gov. Kathy Hochul (D) shared a statement in support of Carpenter and warned that “overturning Roe v. Wade wasn’t the end of the road for anti-abortion politicians,” who have since increasingly set their sights on abortion-related travel, adults who help minors access abortion, and doctors who mail medication abortion to patients in abortion-banned states.
In addition to Louisiana’s total abortion ban, which threatens abortion providers with 15 years in prison, Louisiana also became the first state in the nation in May to criminalize possession of abortion pills unless the person is imminently about to take them. Those in violation are threatened with fines of $5,000 and up to five years in jail.
In a series of chilling remarks, local assistant district attorney Tony Clayton said he’s determined to prosecute the case. “You can’t hide behind the borders of New York and ship pills down here to commit abortions in Louisiana,” he told Talk Louisiana. Without pointing to any evidence, Clayton also suggested the mother made her daughter take the pills: “The minor child was home alone, felt that she had to take the pill because of what her mother told her.”
It remains unclear how this case in Louisiana came to the attention of lawmakers. What is clear is that individuals navigating their pregnancy options should take all steps available to protect their privacy. If/When/How has compiled a list of resources and know your rights fact sheets here.
“Young people should be able to make decisions about their bodies and their pregnancies. But these laws don’t exist to protect young people, they are intended to be used to punish people who help others have abortions,” If/When/How senior legal counsel Farah Diaz-Tello told Jezebel in response to Friday’s indictment. Diaz-Tello pointed to her organization’s legal helpline as a resource “to help keep you safe from state violence,” such as criminal threats for seeking abortion care.
Earlier this month, the Washington Post reported that Texas’ lawsuit against Carpenter is the result of a broader effort to target out-of-state or telemedicine abortion providers, identifying cases by recruiting men to snitch on their partners’ medication abortions.
“Make no mistake, since Roe v. Wade was overturned, we’ve witnessed a disturbing pattern of interference with women’s rights,” the Abortion Coalition of Telemedicine said on Friday. Carpenter is a founding member of the coalition. “It’s no secret the United States has a history of violence and harassment against abortion providers, and this state-sponsored effort to prosecute a doctor providing safe and effective care should alarm everyone.”
If you or someone you know is experiencing domestic violence and seeking options to safely access abortion care, you can get support from If/When/How’s Repro Legal Helpline here or call 844-868-2812.
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