Landmark Case Tests State Authority Over Abortion Access
A Texas judge on Thursday ordered a New York doctor to pay a penalty of at least $100,000 and cease providing abortion pills to women in Texas, marking a legal victory for the state’s Republican attorney general, Ken Paxton.
The ruling is one of the first major tests of whether conservative states can prosecute out-of-state doctors who prescribe abortion medication to their residents and whether abortion-friendly states can shield providers from such legal actions.
Texas Court Rules Against Out-of-State Doctor
Judge Bryan Gantt of Collin County, Texas, entered a default judgment against Dr. Margaret Carpenter of New Paltz, New York, after she failed to respond to the state’s lawsuit. Texas alleged that Carpenter illegally prescribed mifepristone and misoprostol—two drugs used for medication abortions—to a Texas woman via telemedicine.
Carpenter, a founder of the Abortion Coalition for Telemedicine, did not appear in court or respond to the lawsuit. Neither she nor the coalition immediately responded to requests for comment on Thursday. However, the coalition has previously criticized Paxton’s legal efforts, arguing that they endanger women by restricting access to safe and effective reproductive healthcare.
Paxton’s office also declined to comment on the ruling.
Interstate Abortion Battle Escalates
Carpenter’s legal troubles are not limited to Texas. She has also been indicted by a Louisiana grand jury for prescribing abortion medication to a teenager in that state. This appears to be the first time a state has criminally charged a doctor in another state for providing abortion pills.
New York Governor Kathy Hochul, a Democrat, announced Thursday that she would refuse to sign an extradition order for Carpenter, effectively blocking Louisiana’s attempt to have her arrested.
The Growing Divide Over Medication Abortion
Medication abortion now accounts for more than half of all abortions in the U.S. and has become a focal point in the post-Roe v. Wade legal landscape. Since the U.S. Supreme Court’s 2022 decision allowing states to ban abortion, more than 20 states, including Texas, have done so.
New York is among several Democratic-led states that have enacted “shield laws” designed to protect doctors who prescribe abortion medication to patients in restrictive states. These laws state that New York will not assist other states in prosecuting, suing, or penalizing doctors for providing abortion care as long as they comply with New York law.
Texas’ Legal Argument and the Future of Abortion Access
In the Texas lawsuit, Paxton’s office argued that Carpenter violated state law by providing abortion pills and practicing medicine in Texas without a license. According to the complaint, the patient who received the medication later sought hospital care due to complications, and her partner discovered the drugs.
This case could set a precedent for whether states like Texas can extend their abortion bans beyond their borders, potentially targeting doctors nationwide. Meanwhile, New York and other states that support abortion rights are working to reinforce legal protections for providers like Carpenter.
With legal battles intensifying, the outcome of Carpenter’s case may shape the future of reproductive healthcare access in the U.S.