New York Strengthens Laws to Protect Abortion Providers

Last week, a Louisiana jury indicted a New York-based doctor for allegedly mailing abortion pills to a teen and her mom, who was arrested on Friday 

AbortionPolitics
New York Strengthens Laws to Protect Abortion Providers

On Monday, New York Gov. Kathy Hochul (D) signed a bill that builds on existing protections for New York doctors who provide abortion care to out-of-state patients. The new law allows doctors to withhold their names from prescription labels for the abortion pills mifepristone and misoprostol. Instead, doctors can request that the pharmacy print the name of their practice.

The signing comes days after a Louisiana jury indicted New York-based Dr. Margaret Carpenter for allegedly mailing abortion pills to a Louisiana teen and her mother; Carpenter is charged with criminal abortion by means of abortion-inducing drugs—a felony in the state, which enforces a total ban punishable with up to 15 years in prison. A warrant has been issued for Carpenter’s arrest.

In addition to their total abortion ban, 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. 

Meanwhile, New York is among several states that enforce shield laws—something abortion-banned states are beginning to challenge—which protect abortion providers from legal threats for mailing medication abortion to individuals across state lines. In December, Texas also sued Carpenter for allegedly mailing abortion pills to a Dallas woman; Texas’ is a civil case that doesn’t involve criminal charges.

“You know how they found this doctor? The doctor’s name was on the prescription bottle,” Hochul said on Monday. “That’s what they were looking for to identify this individual. After today, that will no longer happen.”

Still, at least one New York assemblymember has warned the legislation isn’t a perfect solution and could leave doctors from smaller single practices, or doctors who practice telehealth from their homes, in the lurch. Assemblymember Amy Paulin called the new law “a great step” and has sponsored an additional bill to allow the state health commissioner to write non-patient-specific prescriptions for medication abortion that can be mailed out-of-state without a name or medical practice attached.

Hochul has thus far been unequivocal in backing Carpenter. “There’s no way in hell that I’ll ever respond to a request to extradite this individual and face criminal charges,” she said after signing the new law. “Never, under any circumstances, will I sign an extradition agreement that sends our doctor into harm’s way to be prosecuted as a criminal for simply following her oath.” Carpenter, Hochul says, “simply responded to a cry for help” from the Louisiana teen and her mother.

That, of course, isn’t how Louisiana officials see it. Last week, local assistant district attorney Tony Clayton said he’s determined to prosecute the case, because “you can’t hide behind the borders of New York and ship pills down here to commit abortions in Louisiana.” Without citing evidence, he claimed the mother coerced her daughter to take the pills: “The minor child was home alone, felt that she had to take the pill because of what her mother told her.” This has been echoed by Louisiana Attorney General Liz Murrill (R): “Cheerleading for the alleged coerced abortion of a young girl is sick and barbaric,” Murrill wrote in a Monday tweet. “It’s not ‘reproductive health care,’ it’s force.”

Anti-abortion officials have increasingly been pushing the false narrative that abortion access feeds abuse, claiming abusive partners or family members are coercing vulnerable people like domestic violence victims or children to have abortions. This has been the basis for bogus “abortion trafficking” laws that have passed in states like Tennessee and Idaho, wielding concerns about “coerced abortions” as a pretext to restrict abortion-related travel. The reality, of course, is that forced pregnancy renders individuals of all ages far more vulnerable to abuse.

“We cannot continue to allow forced birth extremists to interfere with our ability to access necessary healthcare,” Chasity Wilson, executive director of the Louisiana Abortion Fund, said in a statement. “Extremists hope this case will cause a chilling effect, further tying the hands of doctors who took an oath to care for their patients.” New York Attorney General Letitia James (D) has condemned Louisiana’s “cowardly attempt” to “weaponize the law against out-of-state providers,” calling this “unjust and un-American.”

On Friday, the mother of the minor in question was also indicted and later arrested, per CNN. She faces up to five years in jail, in a chilling first case of Louisiana’s draconian abortion pill law—which has already disrupted state hospital systems—being enforced.

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.

 
Join the discussion...