Ken Paxton goes after New York Clerk for refusing to enforce abortion pill judgement
On Monday, Paxton announced he filed legal action against New York Acting Ulster County Clerk Taylor Bruck for refusing to enforce a $100,000 penalty against Dr. Margaret Carpenter. In February, a Texas district court ruled in favor of the state of Texas over Carpenter after she failed to file a response to Paxton's complaint. However, Bruck refused to enforce the judgement against the Ulster County resident.
'In accordance with the New York State Shield Law, I have refused this filing and will refuse any similar filings that may come to our office. Since this decision is likely to result in further litigation, I must refrain from discussing specific details about the situation,' Bruck said in a prepared statement at the time.
'Dr. Carpenter is a radical abortionist who must face justice, not get legal protection from New York liberals intent on ending the lives of as many unborn children as they can,' said Attorney General Paxton in a press release. 'No matter where they reside, pro-abortion extremists who send drugs designed to kill the unborn into Texas will face the full force of our state's pro-life laws.'
New York vs. Texas
In 2023, New York passed a 'Shield Law' to protect their medical providers providing gender-affirming and reproductive care.
'The Shield Law broadly prohibits law enforcement and other state officials from cooperating with investigations into reproductive or gender-affirming health care ('protected health care') so long as the care was lawfully provided in New York,' the New York Attorney General's Office says.
According to court filings, Carpenter is 'not a resident of the State of Texas, but is a resident of the State of New York that has done business in Texas,' and 'has not and does not maintain a regular place of business in Texas.'
'It's going to get us answers about the Shield Law and Shield Laws nationwide,' Bruck said over the phone on Monday. 'There's a lot of unknowns in this whole process right now, I'm mostly curious as to how it will all shake out.'
Earlier this month, Bruck released another prepared statement after Paxton tried to enforce the judgement again.
'We have received your letter regarding the Dr. Margaret Carpenter judgment originally
submitted for filing on March 17th, 2025. The rejection stands. Resubmitting the same
materials does not alter the outcome,' Bruck wrote on July 14. 'While I'm not entirely sure how things work in Texas, here in New York, a rejection means the matter is closed. Have a good day. Excelsior.'
KXAN reached out to the Texas Attorney General's office via email.
New abortion proposals in special session
On July 9, Texas Governor Greg Abbott added 'Protect Unborn Children' to an expansive special session call sheet, allowing new anti-abortion legislation to be taken up in the 30-day special session.
As of Monday, eight anti-abortion bills had been filed in the Texas House:
House Bill 37 by State Rep. Jared Patterson, R-Frisco, House Bill 65 by State Rep. Briscoe Cain, R-Deer Park, and House Bill 66 would allow parents of an aborted fetus to take civil action against the provider of an abortion pill. The bills are partial refilings of Senate Bill 2880 from the regular session, which failed to get out of the House State Affairs Committee after passing the Texas Senate.
House Bill 58 by State Rep. Mike Schofield, R-Katy, would create a special prosecutor to enforce abortion laws — along with election and human trafficking laws.
House Bill 69 by State Rep. Ellen Troxclair, R-Marble Falls, would prevent a physician from giving an abortion-inducing drug to a woman not physically present at a physician's appointment.
House Bill 70 by Troxclair would prevent the transportation or the funding of transportation for minors.
House Bill 95 by State Rep. Nate Schatzline, R-Fort Worth, would prevent selling abortion-inducing drugs online
House Bill 163 by State Rep. Brent Money, R-Canton, would treat unborn children as full citizens for certain felony offenses.
None of these bills have been referred to a committee yet.
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