Latest news with #NewYorkStateShieldLaw
The Hill
29-07-2025
- Health
- The Hill
Ken Paxton goes after New York Clerk for refusing to enforce abortion pill judgement
AUSTIN (Nexstar) — Texas Attorney General Ken Paxton escalated a brewing conflict between Texas and New York's abortion laws. 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.
The Hill
15-07-2025
- Health
- The Hill
New York rejects Texas' second attempt to punish doctor for prescribing abortion pills
A New York county clerk rejected the state of Texas' second attempt to punish a doctor for prescribing and sending abortion medication to a Texas woman. The Lonestar State last week tried to force New York, again, to recognize its ruling against Doctor Margaret Carpenter for allegedly prescribing and mailing abortion pills to a woman in Texas, the Times Union first reported. Texas officials sent a letter to the clerk's office last week trying to compel Bruck to reconsider his decision and gave him a deadline of July 16 to do so, according to the Ulster County Clerk's office. 'The rejection stands. Resubmitting the same materials does not alter the outcome,' said Acting Ulster County Clerk Taylor Bruck in a statement. 'While I'm not entirely sure how things work in Texas, here in New York, a rejection means the matter is closed.' Texas Attorney General Ken Paxton filed a lawsuit against Carpenter in December, alleging that she violated the state's abortion ban after she prescribed and mailed abortion medication to a 20-year-old Texan woman. Neither Carpenter nor her lawyer showed up to a court hearing regarding the charge or responded to the lawsuit, according to The New York Times. A Texas judge ordered Carpenter to pay more than $100,000 in penalties for prescribing the medication. Paxton's office followed up with the Ulster County clerk's office and requested that it enforce the default civil judgment back in March, which the clerk refused to do, citing the state's shield 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,' said acting Ulster County Clerk Taylor Bruck in a statement in March. A spokesperson for Attorney General Paxton did not immediately respond to a request for comment from The Hill. New York is one of eight states that have a telemedicine abortion-related shield law in place to protect healthcare providers from fines, criminal charges, and extradition requests from other states where abortion care is restricted. New York officials, including Governor Kathy Hochul, have pledged to protect Carpenter and other abortion providers and their patients.
CBS News
28-03-2025
- Health
- CBS News
New York clerk refuses to enforce Texas' fine on abortion doctor
A New York county clerk refused to file a more than $100,000 judgment from Texas against a doctor accused of prescribing abortion pills to a woman near Dallas, setting up a potential challenge to laws designed to shield abortion providers who serve patients in states with abortion bans. A Texas judge last month ordered Dr. Margaret Carpenter, who practices north of New York City, to pay the penalty for allegedly breaking that state's law by prescribing abortion medication via telemedicine. The Texas attorney general's office followed up last week by asking a New York court to enforce the default civil judgment against Carpenter, which is $113,000 with attorney and filing fees. The acting Ulster County clerk refused. "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," Acting Clerk Taylor Bruck said in a prepared statement. Republican Texas State Attorney General Ken Paxton said he was outraged by the refusal and signaled he would take action. "New York is shredding the Constitution to hide lawbreakers from justice, and it must end," Paxton said on X. "I will not stop my efforts to enforce Texas's pro-life laws that protect our unborn children and mothers." New York is among eight states with telemedicine shield laws , which were considered a target for abortion opponents even before the standoff between officials New York and Texas. Democratic New York Gov. Kathy Hochul last month invoked her state's shield law in rejecting Republican Gov. Jeff Landry's request to extradite Carpenter to Louisiana, where the doctor was charged with prescribing abortion pills to a pregnant minor. Hochul on Thursday praised Bruck's refusal and said "New York is grateful for his courage and common sense." New York Attorney General Letitia James also praised Bruck and said her office "will always defend New York's medical professionals and the people they serve." Bruck became acting county clerk last year after a resignation and has been endorsed by county Democrats for election to the post. As county clerk, he has an administrative role in court filings. A call seeking comment was made to Carpenter, who is the co-medical director and founder of the Abortion Coalition for Telemedicine. Carpenter did not show up for a hearing in the case in Texas. Also in Texas, a Waller County judge issued a temporary injunction preventing a network of Houston-area clinics from reopening. The clinics were operated by a midwife accused by state authorities of performing illegal abortions. The ruling extends a temporary restraining order that shut down the clinics last week. Maria Margarita Rojas has been charged by Paxton's office with providing an illegal abortion and practicing medicine without a license. Two other individuals have also been charged. The charges in the case are the first time authorities in Texas have filed criminal counts under the state's near-total abortion ban. The attorney general's office has filed a lawsuit that's seeking to shut down three clinics northwest of Houston that Rojas operated and that authorities allege performed illegal abortion procedures.
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
Yahoo
27-03-2025
- Health
- Yahoo
NY court blocks Texas from filing summons against doctor who prescribed abortion pills
A New York county clerk used the state's shield law to stop Texas from punishing a New York doctor for prescribing and sending abortion medication to a Texas woman. The move is the latest escalation in an interstate battle between New York and Texas, their differing abortion laws and the future of Margaret Carpenter, a New York state doctor who works at a telemedicine abortion organization. In December, Texas Attorney General Ken Paxton filed a lawsuit against Carpenter for violating the state's abortion ban after she allegedly prescribed and mailed abortion medication to a 20-year-old Texan woman. Neither Carpenter nor her lawyer responded to the lawsuit or showed up to a hearing regarding the charges in Texas last month, according to The New York Times. A Texas judge ordered Carpenter last month to pay more than $100,000 in penalties for prescribing abortion medication to the Texas woman. The Texas attorney general's office then followed up with the New York clerk's office to see if it would enforce the default civil judgment. But the country clerk refused. '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,' said acting Ulster County Clerk Taylor Bruck in a statement. 'Since the decision is likely to result in further litigation, I must refrain from discussing specific details about the situation.' New York Attorney General Letitia James commended Bruck for the move. 'New York's shield law was created to protect patients and providers from out-of-state anti-choice attacks, and we will not allow anyone to undermine health care providers' ability to deliver necessary care to their patients,' James said in a statement. 'My office will always defend New York's medical professionals and the people they serve.' New York is one of eight states that has enacted a telemedicine abortion shield law that protects providers from extradition requests and other legal actions from officials in states with abortion restrictions for helping or performing abortions. Paxton said that the county clerk's decision would not stop him from pursuing other avenues to enforce Texas's abortion ban. 'I am outraged that New York would refuse to allow Texas to pursue enforcement of a civil judgment against a radical abortionist illegally peddling dangerous drugs across state lines. New York is shredding the Constitution to hide lawbreakers from justice, and it must end,' he said in a statement. 'I will not stop my efforts to enforce Texas's pro-life laws that protect our unborn children and mothers.' Updated at 4:17 p.m. EDT Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
