In a groundbreaking legal move, Texas Attorney General Ken Paxton has filed a lawsuit against a New York physician, accusing her of prescribing abortion pills via telemedicine to a Texas resident. The lawsuit, filed in Collin County, seeks to challenge the growing practice of out-of-state doctors providing abortion care to residents of states with restrictive laws.
The doctor, Margaret Carpenter of New Paltz, New York, is alleged to have prescribed mifepristone and misoprostol, the medications commonly used in medication abortions, to a woman in Texas. Paxton’s lawsuit claims the doctor violated Texas law by practicing medicine without a Texas license and seeks at least $100,000 in civil penalties for each instance of violation, alongside a court injunction to prevent future actions.
New York, a state that has enacted “shield laws” to protect abortion providers from legal consequences in restrictive states, is staunchly defending its position. New York Attorney General Letitia James reaffirmed her state’s commitment to safeguarding reproductive healthcare providers. “New York will remain a refuge for abortion access, standing firm against intimidation and threats,” James stated.
This case is likely to test the extent of conservative states’ authority to enforce abortion restrictions beyond their borders. Medication abortion, which accounts for more than half of all U.S. abortions, has become a flashpoint in the wake of the Supreme Court’s 2022 decision overturning Roe v. Wade.
The lawsuit underscores the growing tensions between states with starkly opposing stances on abortion rights, as well as the legal complexities of telemedicine and cross-border healthcare. With over 20 states imposing sweeping abortion bans, this case could have significant implications for patients and providers navigating the nation’s fragmented legal landscape.
Dr. Carpenter, a member of the Abortion Coalition for Telemedicine and a co-founder of Hey Jane, an online telehealth service for abortion care, has not yet commented on the case.
