Texas files first lawsuit against out-of-state abortion provider

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13 December 2024

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Texas Attorney General Ken Paxton has filed a lawsuit accusing a New York doctor of prescribing abortion drugs to a Texas resident in violation of state law.

This lawsuit is the first attempt to test what happens when state abortion laws are at odds with each other. New York has a shield law that protects providers from out-of-state investigations and prosecutions, which has served as implicit permission for a network of doctors to mail abortion pills into states that have banned the procedure.

Texas has vowed to pursue these cases regardless of those laws, and legal experts are divided on where the courts may land on this issue, which involves extraterritoriality, interstate commerce and other thorny legal questions last meaningfully addressed before the Civil War.

In this case, Paxton accuses Dr. Margaret Carpenter of mailing pills from New York to a 20-year-old woman in Collin County. The woman allegedly took the medication when she was nine weeks pregnant. When she began experiencing severe bleeding, the lawsuit says, she asked the man who impregnated her to take her to the hospital. He had not been aware she was pregnant or seeking an abortion, according to the filing.

The lawsuit does not say whether the woman successfully terminated her pregnancy or experienced any long-term medical complications. Mifepristone and misoprostol, the medications Carpenter is accused of sending, are more than 95% effective if taken before 10 weeks of pregnancy.

Paxton is asking a Collin County court to block Carpenter from violating Texas law, and order her to pay $100,000 for every violation of the state’s near-total abortion ban. Texas’ near-total abortion ban comes with up to life in prison, fines of at least $100,000 and the loss of a provider’s Texas medical license.

Carpenter is not licensed to practice in Texas, according to the complaint. She is the founder of the Abortion Coalition for Telemedicine, a national group that helps doctors in states with shield laws provide telemedicine consultations and abortion pills to patients in states that have banned abortions.

The group was founded after the overturn of Roe v. Wade by Carpenter, Dr. Linda Prine, and Julie Kay, a former ACLU lawyer who successfully argued the case that overturned Ireland’s abortion ban. They support doctors who want to become “shield providers” by advising them on licensure, data security, pharmacy contacts and legality.

Carpenter also works with AidAccess, an international medication abortion provider, and helped found Hey Jane, a telehealth abortion provider. Neither Carpenter nor Kay immediately responded to a request for comment.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2024/12/13/texas-paxton-abortion-pill-mail-lawsuit/.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

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