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Texas Attorney General Sues New York Doctor for Allegedly Prescribing Abortion Pills to Texas Woman

December 16, 2024
Reading Time: 2 mins read
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Texas Senate Set to Cast Vote on Impeaching Attorney General Ken Paxton

Texas Attorney General Ken Paxton has filed a lawsuit against New York-based Dr. Margaret Carpenter, alleging she violated Texas law by prescribing abortion-inducing drugs to a Texas woman.

The lawsuit claims Carpenter mailed mifepristone and misoprostol to a 20-year-old woman in Collin County, Texas, who was nine weeks pregnant. After taking the pills, the woman allegedly experienced severe bleeding and asked the baby’s father—who had not been aware of the pregnancy—to take her to the hospital. The legal filing does not indicate whether the woman successfully terminated the pregnancy or if she experienced long-term complications.

Paxton described the incident as a violation of Texas law, which prohibits prescribing abortion medications by mail and treating patients via telehealth without a valid Texas medical license. Carpenter, who is based in a state that legally protects abortion access, could face civil penalties of at least $100,000 per violation if the Texas court grants Paxton’s request.

“In this case, an out-of-state doctor violated the law and caused serious harm to this patient,” Paxton said in a statement. “This doctor prescribed abortion-inducing drugs — unauthorized, over telemedicine — causing her patient to end up in the hospital with serious complications. In Texas, we treasure the health and lives of mothers and babies, and this is why out-of-state doctors may not illegally and dangerously prescribe abortion-inducing drugs to Texas residents.”

The lawsuit marks a pivotal legal test, addressing conflicting abortion laws between states since the U.S. Supreme Court overturned Roe v. Wade in 2022. While Texas has enacted strict abortion bans, New York law explicitly protects abortion providers, including shielding them from out-of-state investigations and prosecutions. Carpenter, who also co-founded the Abortion Coalition for Telemedicine and works with organizations like AidAccess and Hey Jane, could invoke New York’s shield law to refuse cooperation with Texas courts.

The case raises complex legal questions about extraterritoriality, interstate commerce, and the enforcement of conflicting state laws. It also highlights ongoing tensions in the national abortion debate, as states grapple with differing legal frameworks and enforcement mechanisms.

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