Texas has initiated legal action against a New York physician for prescribing abortion pills to a woman in the Dallas area, marking one of the initial efforts in the U.S. to challenge the protective shield laws enacted by states led by Democrats following the overturning of Roe v. Wade.
The lawsuit was filed by Texas Attorney General Ken Paxton on Thursday in Collin County and was made public the following day.
Prescriptions made online and via telephone have significantly contributed to the rise in abortion numbers across the country, despite the implementation of various state bans. Currently, a majority of abortions in the U.S. are carried out using medication rather than surgical procedures.
Mary Ruth Ziegler, a law professor at the University of California, Davis, highlighted that a challenge to these protective laws, which were largely adopted by Democratic states in 2023, had been anticipated and could create a deterrent effect on physicians providing prescriptions.
The lawsuit targets Dr. Maggie Carpenter from New York, alleging that she broke Texas law by providing abortion drugs to a patient in the state, seeking damages amounting to $250,000 without any criminal charges involved.
Texas has enacted strict abortion regulations, including a total ban on the procedure at all stages of pregnancy. The state has been at the forefront in implementing measures against abortion rights and has enforced laws since 2021 that enable citizens to sue anyone who performs or assists in acquiring an abortion.
According to Paxton, the woman who received the pills faced complications that required hospital attention, revealing the situation to the biological father of the unborn child only afterward. In a statement, he emphasized the state’s commitment to the health and well-being of mothers and infants, asserting that out-of-state doctors should not prescribe abortion-inducing medications unlawfully to Texas residents.
The Texas woman received a two-drug regimen commonly authorized for medication abortions, which includes mifepristone and misoprostol. While primarily used to terminate pregnancies within ten weeks, these medications also serve other medical purposes such as inducing labor or managing miscarriages.
The Abortion Coalition for Telemedicine, co-led by Carpenter, asserted that these shield laws are vital for maintaining access to abortion. They criticized Paxton for potentially jeopardizing women’s health by attacking telemedicine services for abortion.
Both New York Governor Kathy Hochul and Attorney General Letitia James expressed their commitment to safeguarding reproductive freedoms. James stated that New York stands firm against intimidation and threats targeting abortion care providers.
The exact measures Hochul and James intend to pursue remain unclear. While Republican-led states have increasingly enforced prohibitions or tighter restrictions on abortion following the reversal of Roe v. Wade, Democratic states have enacted laws designed to protect individuals from prosecution under the more stringent abortion regulations of other states.
At least eight states have gone further by providing legal protections to healthcare providers who prescribe abortion pills to patients residing in states where abortion is prohibited. A study indicated that these prescriptions account for around 10% of all abortions conducted in the U.S.
New York’s shield law empowers prescribers facing lawsuits to countersue the plaintiff for damages, complicating the Texas lawsuit. Ziegler posed questions about the enforceability of such a ruling outside Texas.
Proponents of anti-abortion measures celebrated the lawsuit, while advocates for abortion rights denounced it. Following a ruling preventing anti-abortion doctors from challenging the FDA’s approval of mifepristone earlier this year, Republican state attorneys general have pushed for stricter regulations on the drug amid a supportive political landscape.
In a recent development, Louisiana became the first state to categorize abortion drugs as “controlled dangerous substances,” necessitating additional protocols for their prescription, although they remain accessible.
Legislation has been proposed in at least three states—Missouri, New Hampshire, and Tennessee—to restrict the use of these pills in the upcoming year, with Tennessee state Rep. Gino Bulso emphasizing the need for deterrents against violations of abortion-related laws.