BATON ROUGE, La. — A doctor from New York received an indictment from a Louisiana grand jury on Friday for allegedly issuing an abortion pill through online means in a state known for its stringent near-total abortion prohibitions.
The grand jury at the District Court for West Baton Rouge Parish officially charged Dr. Margaret Carpenter, her practice Nightingale Medical, PC, and an additional individual with criminal abortion offenses involving abortion-inducing drugs, categorizing this as a felony.
This indictment marks a notable case; it’s reportedly the first time criminal charges have been filed against a physician accused of sending abortion medications into another state, particularly following the U.S. Supreme Court’s decision to overturn Roe v. Wade in 2022. This ruling left individual states with the authority to enact strict anti-abortion regulations.
Previously, Dr. Carpenter faced a lawsuit from the Texas attorney general in December related to similar claims about distributing pills to Texas. That incident, however, did not culminate in criminal charges.
Dr. Carpenter has not commented publicly as of the latest updates. This indictment follows Louisiana’s new legislation, which specifically reclassifies mifepristone and misoprostol as “controlled dangerous substances.” Although the usage of these medications is still permitted, healthcare providers are now required to undergo additional processes to obtain them.
The law stipulates that individuals found in possession of mifepristone or misoprostol without a valid prescription for any reason could incur fines reaching $5,000 and imprisonment ranging from one to five years. There are protections outlined within this law for pregnant individuals acquiring these medications without a prescription for personal use.
“We will ensure accountability for those who break the law,” stated Louisiana Attorney General Liz Murrill, a Republican, in her statement on Friday.
Following the dismantling of Roe v. Wade, Louisiana has instituted a near-total abortion ban, lacking any exceptions for cases of rape or incest. Physicians found guilty of conducting illegal abortions, including those involving medication, may face up to 15 years in prison, hefty fines amounting to $200,000, and potential revocation of their medical licenses.
“The recent developments since the overturn of Roe v. Wade reveal a troubling trend of interference with women’s rights,” remarked the Abortion Coalition of Telemedicine, which Dr. Carpenter helped establish. They added that “the historical violence and harassment against abortion providers in the U.S. makes this state-led attempt to prosecute a physician who provides safe and effective care a cause for concern for all.”
The indictment could serve as a significant challenge for New York’s shield laws designed to safeguard prescribers utilizing telehealth to dispense abortion medications to patients residing in states where such procedures are outlawed. Both Governor Kathy Hochul and Attorney General Letitia James have indicated their commitment to defending New York’s legislation.
“This unjust attempt from Louisiana to exploit the law against out-of-state healthcare providers reflects a cowardly and un-American approach,” said Attorney General James in her prepared remarks.
Governor Hochul vowed to confront this issue without backing down.
Abortion pills have become increasingly prevalent in the U.S., now accounting for nearly two-thirds of all abortion procedures by 2023. They are also central to various political and legal disputes regarding abortion rights. In January, a judge allowed three states to continue contesting federal approvals concerning the prescribing process for one of the common medications involved.
