Houston [Texas], December 14: Texas Attorney General Ken Paxton on Friday filed a lawsuit accusing a New York doctor of directly violating the state's law by prescribing abortion drugs to a woman living in the Republican-run state, Paxton's office announced.
The case sets up the first legal battle between Texas' near-total abortion ban and New York's shield law protecting providers from out-of-state investigations and prosecutions.
"Dr. Margaret Daley Carpenter, a New York doctor and founder of the Abortion Coalition for Telemedicine, unlawfully provided a Collin County resident with abortion-inducing drugs that ended the life of an unborn child and resulted in serious complications for the mother," the Texas lawsuit said.
"In this case, an out-of-state doctor violated the law and caused serious harm to this patient", according to the lawsuit.
The mother, a 20-year-old woman, was sent to the hospital for severe bleeding shortly after taking the medication in July, according to local media reports.
Paxton requested the Collin County court enjoin Dr. Carpenter from violating Texas law and impose civil penalties of no less than 100,000 U.S. dollars for each violation of the state law, which prohibits a physician or medical supplier from providing any abortion drugs by courier, delivery, or mail service.
Texas laws also ban physicians without valid Texas medical license from treating patients or prescribing Texas residents medicine through telehealth services.
However, the New York shield law requires the state to refuse to order Carpenter to comply with Texas' court orders, which effectively will leave Texas no defendant to bring this suit against, David Cohen, a law professor at Drexel University, told The Texas Tribune.
"The New York shield law exists to prevent Texas from having any ability to get someone in New York who is following New York law into Texas court in any way," said Cohen.
Seven other states have passed similar shield laws since the U.S. Supreme Court overturned Roe v. Wade, according to a report from The Guardian.
On average, in every month between April and June 2024, shield laws helped providers send pills to more than 9,700 people who live in states with abortion bans, said the report, citing #WeCount, a research project by the Society of Family Planning.
Source: Xinhua News Agency