Latest news with #AbortionCoalitionforTelemedicineAccess
Yahoo
28-03-2025
- Health
- Yahoo
NY clerk refuses to enforce Texas' $100K fine against doctor for sending abortion pills
A New York county clerk on Thursday refused to enforce a Texas court fine of over $100,000 against a New York doctor accused of sending abortion pills to a Texas woman. The case filed against the doctor set up a legal battle that could change the landscape of abortion access in the U.S. Here's what we know about the case. People are also reading: Texans share emotional testimony on bills to further restrict abortion pills, travel Judge Bryan Gantt's filing was the first of its kind in finding a person liable under Texas House Bill 1280, which created steep civil and criminal penalties for illegally terminating a pregnancy. Texas bans abortions in almost all instances except when a pregnant person faces a "life-threatening condition," with no exceptions for rape, incest or fatal fetal anomalies. The case was also the first to challenge "shield laws" — laws intended to prevent states with abortion bans, like Texas, from punishing doctors in other states that support the procedure, like New York. Texas Attorney General Ken Paxton in December sued Dr. Margaret Daley Carpenter, who is licensed in New York and co-founded the Abortion Coalition for Telemedicine Access in 2022, for allegedly prescribing and mailing mifepristone and misoprostol to a 20-year-old woman from Collin County, Paxton's home turf in North Texas. Both drugs are used to induce abortions and help clear miscarriages. The original lawsuit noted that the biological father, who was not previously informed about the pregnancy, according to the complaint, took the woman to the hospital after she began to hemorrhage. He later learned she had terminated the pregnancy after he discovered empty abortion pill boxes at the woman's residence. The man then filed a complaint with the attorney general's office, said Ernest Garcia, chief of the attorney general's administrative law division, during a Wednesday hearing, The New York Times reported. The ruling by Gantt, whom Republican Gov. Greg Abbott in September appointed to the 471st state District Court, is a default ruling that permanently forbids Carpenter from prescribing abortion pills and fines her $100,000, plus around $13,000 in attorney fees, for violating Texas' abortion ban. The fees will accrue at an interest rate of 7.5% each day until paid. New York's 2022 shield law bars public entities from cooperating with out-of-state investigations into reproductive health care services. It also protects against subpoenas and witness summons, and it prohibits the extradition of lawsuit defendants to other states. On Thursday, Ulster County (New York) Acting Clerk Taylor Bruck refused to enforce the fine against Dr. Carpenter. "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. Paxton has condemned the clerk's refusal, saying he is "outraged" that Bruck won't fine a "radical abortionist" for "illegally peddling dangerous drugs across state lines." "New York is shredding the Constitution to hide lawbreakers from justice, and it must end," Paxton continued in a statement posted on X. "I will not stop my efforts to enforce Texas's [sic] pro-life laws that protect our unborn children and mothers." More on Texas' abortion ban: Houston area midwife charged with performing illegal abortions amid Texas' near-total ban In addition to the civil penalties ordered by the Texas judge, Carpenter is also facing criminal charges in Louisiana for prescribing an abortion pill to a teenager in that state. On Thursday, Louisiana Gov. Jeff Landry announced he had signed an extradition warrant for the OB-GYN, whom a state grand jury indicted in January for violating Louisiana's abortion ban. "There is only one right answer in this situation, and it's that that doctor must face extradition to Louisiana where she can stand trial and justice will be served," Landry said. New York Gov. Kathy Hochul swiftly denied the request. "Doctors take an oath to protect their patients. I took an oath of office to protect all New Yorkers," Hochul wrote on social media. "So let me be clear: I will not sign Louisiana's extradition order — not now, not ever." On Thursday, Hochul also voiced support for Bruck's refusal to enforce the Texas fine against Dr. Carpenter, saying, "New York is grateful for his courage and common sense." This article originally appeared on Austin American-Statesman: NY clerk won't enforce Texas fine against doctor for abortion pills
The Guardian
27-03-2025
- Health
- The Guardian
New York county clerk rejects Texas filing in telehealth abortion pill case
A New York county clerk on Thursday refused to enforce a Texas court fine against a New York doctor accused of mailing abortion pills across state lines – a move that tees up a dramatic showdown between states that protect abortion rights and those that have banned the procedure. The clash will likely end up in front of the US supreme court. In December, Texas attorney general Ken Paxton sued Dr Margaret Carpenter in a Texas court for allegedly mailing abortion pills to the Lone Star state, which bans virtually all abortions. After Carpenter did not show up to a court hearing earlier this year, a Texas judge ruled against her, ordering her to pay a $113,000 penalty and stop sending abortion pills to Texas. New York has, however, enacted a 'shield law' that forbids state officials from extraditing abortion providers to other states or complying with out-of-state court orders. In his statement refusing to enforce the Texas fine, acting Ulster county clerk Taylor Bruck cited the law. '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 statement. Paxton's office did not immediately respond to a request for comment, but Texas may challenge New York's shield law through a lawsuit. Although a number of blue states have passed shield laws since the US supreme court overturned Roe v Wade in 2022, they have never been put to the legal test. The case will also likely serve as a bellwether for the future of interstate relations between anti-abortion states and pro-abortion rights states. In the years since Roe fell, anti-abortion activists have grown increasingly frustrated over people's ability to travel across state lines for the procedure and to undergo medication abortions through telehealth. Alabama has threatened to prosecute people who help others travel for out-of-state abortions, while Louisiana has issued a criminal indictment against Carpenter for allegedly prescribing an abortion pill to someone in that state. New York's governor, Kathy Hochul refused Louisiana's call for extradition. 'I will not be signing an extradition order that came from the governor of Louisiana – not now, not ever,' she said last month. Carpenter has not publicly commented on the case. However, a group she co-founded, Abortion Coalition for Telemedicine Access, has accused Paxton of 'putting women directly in harm's way'. 'Since Roe v Wade was overturned, we have seen attempts to further impede and erode a person's right to make decisions about their own bodies,' the organization said in a statement after news of Paxton's lawsuit against Carpenter broke. Sign up to Headlines US Get the most important US headlines and highlights emailed direct to you every morning after newsletter promotion 'Shield laws are essential in safeguarding and enabling abortion care regardless of a patient's zip code or ability to pay. They are fundamental to ensuring everyone can access reproductive health care as a human right.'
Yahoo
14-02-2025
- Health
- Yahoo
Judge orders New York OB-GYN to stop sending abortion pills to Texas, pay $100K fine
A North Texas judge ordered a New York OB-GYN to stop sending abortion pills to Texans and to pay a $100,000 fine for sending the medications to a woman in the state on Thursday, setting up a legal battle that could change the landscape of abortion access in the U.S. The ruling, obtained by the American-Statesman, is the first in a case challenging "shield laws" designed to prevent states with abortion bans, like Texas, from punishing doctors in other states that support the procedure, like New York. Texas Attorney General Ken Paxton in December sued Dr. Margaret Daley Carpenter, who is licensed in New York and co-founded the Abortion Coalition for Telemedicine Access in 2022, for allegedly prescribing and mailing mifepristone and misoprostol to a 20-year-old woman from Collin County, Paxton's home turf in North Texas. Both drugs are used to induce abortions and help clear miscarriages. The original lawsuit noted that the biological father — who was not previously informed about the pregnancy, according to the complaint — took the woman to the hospital after she began to hemorrhage. After he learned she had terminated the pregnancy, he discovered the empty pill boxes at the woman's residence. Carpenter has not yet appointed an attorney in the case or responded to the lawsuit, Collin County court records show. She did not appear at a court hearing Wednesday, according to the New York Times, which first reported on the Thursday ruling. Because Carpenter "failed to file any answer or responsive pleading" to the lawsuit despite repeated notifications, the allegations in Texas' case against her were admitted as fact, the order states. The ruling by Judge Bryan Gantt, whom Republican Gov. Greg Abbott appointed to the 471st District Court in September, is a default ruling that permanently enjoins Carpenter from "prescribing abortion-inducing drugs to Texas residents" and fines her $100,000 and around $13,000 in attorney's fees for violating Texas' near-total abortion ban. The fees will accrue at an interest rate of 7.5% each day until paid. Gant wrote that "an unborn child died" as a result of the physician's actions. New York's 2022 shield law bars public entities from cooperating with out-of-state investigations into reproductive health care services. It also protects against subpoenas and witness summonses, and prohibits the extradition of lawsuit defendants to other states. Texas has banned abortions in almost all instances except when a pregnant person faces a "life-threatening condition," with no exceptions for rape, incest or fatal fetal anomalies. Paxton's office did not immediately respond to requests for comment on the case. Carpenter did not respond to the Statesman's repeated attempts to reach her by phone Thursday. Reproductive law scholar Mary Ziegler previously told the Statesman that she expects the lawsuit will eventually be moved to federal court and could end up in the U.S. Supreme Court. The University of California at Davis School of Law professor also noted that New York's shield law allows doctors to sue anyone who sues them for providing abortion-related telemedicine services. This is a developing story. Check back for updates. This article originally appeared on Austin American-Statesman: Texas judge orders New York OB-GYN to stop sending abortion pills
