Texas judge fines New York doctor for sending abortion pills to Texas
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A Texas judge on Thursday ordered a New York doctor to pay more than $100,000 in penalties for prescribing abortion pills to a woman near Dallas, a ruling that could test “shield laws” in Democratic-controlled states where abortion is legal.
The decision was made on the same day that New York Governor. Kathy Hochul denied a Louisiana request to extradite Dr. Maggie Carpenter who had been charged with prescribing an abortion pill to a minor in Louisiana.
Texas, unlike Louisiana, did not press criminal charges against Carpenter. Instead, it accused her of violating the state’s law by prescribing an abortion medication through telemedicine. Texas has the nation’s most restrictive abortion laws.
Bryan Gantt, State District Judge of Texas, imposed the fine and ordered Carpenter to pay her attorney’s fees. Carpenter was also prohibited from prescribing any abortion medication to Texas residents. Gantt stated in his order Carpenter had failed to show up in court despite having been notified.
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Hochul, a Democrat at the time, had said that she would not obey Louisiana’s demand to arrest the doctor and send her to Louisiana, after she was accused of violating Louisiana’s strict antiabortion laws.
Hochul told a Manhattan news conference that he would not sign an extradition order from Louisiana’s governor. “Not now, never.”
She said that she also sent a letter to New York law enforcement telling them not to cooperate with warrants issued by other states for these charges.
Carpenter is the co-medical Director and Founder of the Abortion Coalition for Telemedicine. Julie Kay, executive director of the group, stated that the Texas ruling did not change shield laws, and “patients could access medication abortions from licensed providers regardless of where they lived.”
The group also criticised Louisiana’s attempts to extradite Carpenter.
Carpenter’s case in Louisiana is the first time a doctor has been charged with a crime for prescribing abortion pills into another state.
After the Supreme Court of the United States overturned Roe v. Wade, abortion pills have become the most popular method in the U.S. They are also at the center of the political and legal battles about abortion access.
The Texas and Louisiana cases are both tests of New York’s “shield law,” which protects doctors who prescribe abortion medications to conservative states, where abortions have been banned or limited. Other Democratic-controlled states have similar “shield laws.”
Carpenter was indicted by prosecutors in West Baton Rouge Parish in Louisiana on charges of violating the state’s nearly total abortion ban. This allows doctors convicted of performing an abortion, including a pill abortion, to receive a sentence up to 15-years in prison.
Authorities in Louisiana said that the girl who was given the pills had a medical crisis and needed to be taken to hospital. The mother of the girl was also arrested and turned herself into police.
In a taped statement released Thursday, Republican Louisiana Governor. Jeff Landry stated that “there is one correct answer to this situation and that is for the doctor to be extradited back to Louisiana, where she will stand trial and justice served.”
Landry’s Office did not respond immediately to an email sent by Hochul after he refused the request for extradition.
Ken Paxton, Republican Attorney General of Texas, has stated that the woman received the pills at the age of 20 and ended up in the hospital due to complications. The state’s filing said that it was only later that “the biological child of the unborn baby” found out about the pregnancy and abortion.
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