New York Doctor Indicted in Louisiana for Sending Abortion Pills There
The New York Times
The case opens a new front in the battle between states that ban abortion and states that support providing abortion anywhere in the country.
A state grand jury in Louisiana has indicted a New York doctor for providing abortion pills to a Louisiana resident. The case appears to be the first time criminal charges have been filed against an abortion provider for sending pills into a state with an abortion ban.
The charges mark a new chapter in an escalating showdown between states that ban abortion and those that want to protect and expand access to it. It is challenging one of the foremost strategies used by states that support abortion rights: shield laws intended to provide legal protection to doctors who prescribe and send abortion pills to states with bans.
The charges were brought against Dr. Margaret Carpenter, who was operating under New York’s telemedicine abortion shield law, which stipulates that New York authorities will not cooperate with prosecutions or other legal actions filed against New York abortion providers by other states.
Telemedicine abortion shield laws, which have been adopted by eight states so far, have become a significant avenue for providing access to abortion for women in states with bans without requiring them to leave their state. Doctors, nurse practitioners and other health care providers in states with shield laws have been sending more than 10,000 abortion pills per month to states with abortion bans or restrictions.
Legal experts said the case ratchets up the legal wars over abortion and will almost certainly end up in federal court and possibly the Supreme Court. It is expected to become a major test of whether states can apply criminal laws to people acting outside their borders.
Since the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization overturning the national right to abortion, the United States has been divided between states that restrict abortion and states that protect abortion.
