New York Attorney General Letitia James has intensified her efforts to protect abortion drug traffickers from penalties for violating pro-life laws in Texas. This week, she announced plans to file a legal document challenging Texas Attorney General Ken Paxton's lawsuit aimed at penalizing prescribers who illegally mail abortion pills to women in Texas.
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James's filing specifically targets Paxton's suit against a New York county clerk who prevented Texas from fining a prescriber accused of violating state law. "Texas has no authority in New York, and no power to impose its cruel abortion ban here," James stated.
In contrast, Paxton argues that New York has a constitutional obligation under the Full Faith and Credit Clause to recognize judicial decisions from other states. He characterized James as a "lawless abortionist" and expressed confidence in prevailing in court.
The legal dispute stems from a petition Paxton filed in December, alleging that Dr. Margaret Daley Carpenter, founder of the Abortion Coalition for Telemedicine, violated Texas law by providing abortion drugs to a 20-year-old woman in Texas via mail after a virtual consultation in May 2024.
Carpenter was later indicted by a Louisiana grand jury for similarly prescribing abortion drugs to a minor. Following this, New York Governor Kathy Hochul signed a "shield law" aimed at protecting prescribers from penalties in states with stricter abortion laws.
A Texas judge ordered Carpenter to pay $113,000 and cease mailing abortion pills to Texas residents. However, enforcement of this ruling has been complicated by Hochul's administration and the New York county clerk's support of the state's shield law.
The American Association of Pro-Life OBGYNs (AAPLOG) has raised concerns about the risks associated with telehealth prescriptions of mifepristone, stating that concealing doctors' identities could endanger patients. They urged Hochul to reconsider the implications of the shield law.
Despite ongoing legal battles, pro-life states remain resolute. In July, attorneys general from 16 red states sent a letter to congressional leaders urging federal intervention in the conflict over abortion laws, advocating for legislation that would preempt state shield laws.
New York Democrats have invested heavily in securing abortion pill access and have faced criticism for their legal strategies. James has also initiated lawsuits against pregnancy centers that offer abortion pill reversals.
This latest move by James comes amid her own legal challenges, including a referral for federal criminal prosecution over alleged mortgage fraud. Her involvement in the mifepristone shield law fight coincides with recent legislation in Texas allowing private citizens to sue abortion drug manufacturers and prescribers operating in the state.
Why it matters
- Letitia James aims to protect abortion drug prescribers in New York from Texas penalties, highlighting state jurisdiction issues.
- The legal battle underscores the ongoing conflict between pro-choice and pro-life states over abortion access and enforcement.
- James' actions reflect New York's commitment to safeguarding reproductive rights amid increasing legal pressures from conservative states.
What’s next
- James plans to file a legal document challenging Texas' lawsuit against abortion prescribers.
- Pro-life states are pushing for federal legislation to counter state shield laws protecting abortion access.
- Ongoing investigations into James' legal strategies may impact her position in the abortion drug conflict.
