ALBANY, N.Y. — A Texas judge has mandated that a New York physician pay over $100,000 in penalties for her role in prescribing abortion pills to a woman in the Dallas area. This ruling may serve as a challenge to the “shield laws” in states governed by Democrats, where abortion remains lawful.
This decision coincided with New York Governor Kathy Hochul’s refusal to comply with Louisiana’s request for the extradition of the same doctor, Dr. Maggie Carpenter, who faces charges in that state for prescribing abortion pills to a minor.
Unlike Louisiana, Texas opted not to pursue criminal charges against Carpenter. Instead, a lawsuit filed in December accused her of violating state regulations by issuing abortion medication through telemedicine, in a state with some of the most stringent abortion restrictions in the country.
State District Judge Bryan Gantt imposed the fine on Carpenter and required her to cover attorney fees. He also issued an injunction preventing Carpenter from prescribing abortion medication to residents of Texas, as she did not appear in court despite being duly notified.
Earlier, Governor Hochul, a Democrat, stated she would not honor Louisiana’s request to arrest and send Dr. Carpenter to that state in relation to its strict anti-abortion laws, saying, “I will not be signing an extradition order that came from the governor of Louisiana. Not now, not ever.”
Moreover, Hochul has directed New York law enforcement not to cooperate with out-of-state warrants regarding such charges.
Protection for Abortion Pill Prescribers
Dr. Carpenter is a co-medical director and founder of the Abortion Coalition for Telemedicine. Executive director Julie Kay noted that the Texas ruling does not affect existing shield laws, affirming, “patients can access medication abortion from licensed providers no matter where they live.” The coalition has also criticized Louisiana’s extradition attempts.
The legal proceedings against Carpenter in Louisiana appear to be the first instance of a physician facing criminal charges for prescribing abortion pills to a patient in another state.
Medication abortions have become increasingly prevalent in the U.S. and are central to the ongoing political and legal debates surrounding abortion rights, particularly following the Supreme Court’s decision to overturn Roe v. Wade.
The cases in Texas and Louisiana are expected to challenge New York’s shield law, which provides legal protections to doctors who prescribe abortion medication to individuals in conservative states with restrictive abortion laws. Similar laws exist in other Democratic-led states.
In Louisiana, the prosecutors of West Baton Rouge Parish have indicted Carpenter for allegedly violating the state’s near-total abortion ban, under which physicians could face up to 15 years in prison if convicted of performing abortions, including those done with pills.
Authorities in Louisiana reported that the minor who received the pills had a medical emergency necessitating hospital transport, and her mother has also been charged and taken into custody.
In a recent video statement, Louisiana Republican Governor Jeff Landry asserted, “There is only one right answer in this situation, and that is that the doctor must face extradition to Louisiana where she can stand trial and justice will be served.”
Landry’s office did not respond to a request for comment following Governor Hochul’s rejection of the extradition.
In the Texas case, Republican Attorney General Ken Paxton mentioned that the 20-year-old woman who received the pills experienced complications that led to a hospital visit. It was only after this incident that the man referred to as the “biological father of the unborn child” was made aware of the pregnancy and the abortion.
