A New York doctor, Margaret Carpenter, is being sued by Texas Attorney General Ken Paxton for allegedly mailing abortion pills to a 20-year-old woman in Texas. The lawsuit claims that Carpenter violated Texas’ strict abortion laws by prescribing the pills without having a Texas medical license.
Carpenter, who founded the Abortion Coalition for Telemedicine, is accused of using telehealth to prescribe abortion-inducing drugs. According to Texas law, only doctors licensed in the state can treat patients or prescribe medications, and it is illegal to send abortion pills by mail or delivery services.
The lawsuit alleges that the medication led to the termination of the woman’s pregnancy and caused severe complications. Paxton is seeking a court order to prevent Carpenter from prescribing abortion pills to Texas residents and is demanding a $100,000 fine for each alleged violation.
“In Texas, we value the health and lives of mothers and babies,” Paxton said. “Out-of-state doctors cannot illegally prescribe abortion-inducing drugs to our residents.”
This case highlights the ongoing clash between states with strict abortion bans, like Texas, and states like New York, where abortion rights are protected. New York has enacted a “shield law” to protect its doctors from legal action when prescribing abortion medication to women in states with bans.
Since the Supreme Court overturned Roe v. Wade in 2022, 18 Democratic-led states have passed similar shield laws to ensure access to abortion despite growing legal restrictions.
The lawsuit also raises legal questions about whether one state can enforce its laws on actions that occur in another state. This issue of extraterritoriality could have significant implications, especially as more cases challenge cross-state abortion access and telemedicine practices.
Earlier this year, the U.S. Supreme Court allowed continued access to mifepristone, a widely used abortion pill. The outcome of this lawsuit may set important legal precedents for abortion access and telemedicine in the post-Roe era.
