Texas has sued a New York doctor for prescribing abortion pills to a Texas woman via telemedicine.
SEAN MURPHY, MICHAEL HILL and GEOFF MULVIHILL Associated PressTexas Attorney General Ken Paxton filed a lawsuit against New York Dr. Margaret Daley Carpenter , saying she violated abortion laws in Texas.Texas has sued a New York doctor for prescribing abortion pill s to a woman near Dallas, launching one of the first challenges in the U.S. to shield laws that Democrat-controlled states passed to protect physicians after Roe v. Wade was overturned.
Mary Ruth Ziegler, a law professor at the University of California, Davis, School of Law, said a challenge to shield laws, which blue states started adopting in 2023, has been anticipated."Will doctors be more afraid to mail pills into Texas, even if they might be protected by shield laws, because they don't know if they're protected by shield laws?" Ziegler said in an interview Friday.
Paxton said that the 20-year-old woman who received the pills ended up in a hospital with complications. It was only after that, the state said in its filing, that the man described as "the biological father of the unborn child" learned of the pregnancy and the abortion. A phone message left for Carpenter was not immediately returned, nor was an email to the Abortion Coalition for Telemedicine, where she's co-medical director and founder.
The New York shield law includes a provision that allows a prescriber who is sued to countersue the plaintiff to recover damages.Even if Paxton prevails in Texas court, Ziegler said, it's unclear how that could be enforced. "Is he going to go to New York to enforce it?" she asked.
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