Judge protects New York ‘shield’ rule against Texas abortion lawsuit
A federal judge in New York dismissed a lawsuit filed by Texas Attorney General Ken Paxton, who was attempting to have the defending state's abortion shield law vacated. The statute protects healthcare providers who prescribe abortion pills across state lines.
The lawsuit centered around a doctor in New York accused of mailing abortion pills to a patient in Texas. Paxton’s office was seeking a $113,000 penalty for Margaret Carpenter, MD, in addition to an injunction against her further sending anyone in Texas pills that terminate pregnancy.
Texas has some of the most restrictive abortion laws in the country, banning procedures at six weeks—defined as when the fetus has what regulators perceive as a "heartbeat." The law also allows for women, or men, to launch lawsuits against any provider—nationwide—deemed to have violated the time limit.
New York refused to accept the claim from Paxton regarding a prescription issued by Carpenter, citing a “shield” rule that protects healthcare providers from being held liable. New York law also blocks subpoena or extradition orders from other states.
In the ruling, Judge David M. Gandin said Paxton’s lawsuit “fails to set forth allegations sufficient to make out a claim of a violation of lawful procedure or an error of law.” He affirmed that “the medical services Dr. Carpenter rendered are legal in New York state.”
Gandin added that Carpenter’s actions are legally protected under the law, which protects abortion-related “health activity.” The judge also stated that the state’s protection was designed for this exact situation.
It’s not clear if Paxton’s office intends to appeal. Notably, his office has other lawsuits pending in federal court, related to similar allegations against physicians.
Paxton cites 1873 obscenity ban
In July, Paxton filed a wrongful death suit against Remy Coeytaux, MD—a California physician—challenging the state’s abortion shield law as a violation of the Comstock Act of 1873, which bans the mailing of obscene material. The pills in the case were allegedly mailed via telemedicine.
The Comstock Act includes content related to the termination of pregnancy; however, it’s never been cited in the context of medication shipped from a state where such pills are legal. The case, filed by the boyfriend of a woman who is said to have received fetal termination pills in the state, is still pending.
Chad is an award-winning writer and editor with over 15 years of experience working in media. He has a decade-long professional background in healthcare, working as a writer and in public relations.