What Are Shield Laws?

Interstate shield laws are legal measures that protect healthcare providers, patients, and other individuals involved in reproductive healthcare from civil and criminal liabilities imposed by anti-abortion states. These laws aim to counteract the reach of states seeking to penalize individuals who obtain or facilitate abortion care beyond their borders.

Why Are Shield Laws Necessary?

Since the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, states have been left to regulate abortion independently. While some states have enacted total or near-total bans, others—like New York—have sought to fortify access. However, anti-abortion lawmakers in restrictive states have gone as far as attempting to prosecute individuals who travel out of state for care or those who assist them in doing so. Shield laws serve as a bulwark against these efforts, ensuring that New York providers and patients are not subject to out-of-state investigations, lawsuits, or criminal charges.

The case of Dr. Margaret Carpenter and recent legal developments in Texas highlight the urgent need for shield laws to protect healthcare providers from politically motivated attacks. On January 31, 2025, Dr. Carpenter was indicted in Louisiana for prescribing abortion medication to a patient in the state—an unprecedented attempt to criminally charge an out-of-state provider for offering legal care. Similarly, on February 13, 2025, Attorney General Ken Paxton secured a $100,000 penalty and permanent injunction against Dr. Carpenter for unlawfully providing abortion-inducing drugs to Texas residents in violation of state law. Judge Bryan Gantt in Collin County, Texas, entered a default judgment against Dr. Carpenter, after she failed to respond to the civil lawsuit alleging she illegally prescribed mifepristone and misoprostol via telemedicine to a Texas woman. This latter case, which is expected to reach the Supreme Court, pits Texas’ near-total abortion ban against New York’s telemedicine abortion shield law, which protects providers who send medication to other states.

New York’s Shield Law Protections

New York has both constitutional and statutory protections for abortion. The state legislature has taken significant steps to protect reproductive rights through various legal mechanisms, including:

1. Protection Against Out-of-State Prosecutions and Investigations: New York law prevents state agencies and officials from cooperating with out-of-state investigations or prosecutions related to lawful reproductive healthcare services provided within New York. This means that New York will not extradite individuals, honor subpoenas, or assist in legal actions from other states attempting to penalize abortion care.
2. Protection Against Civil and Criminal Liability: New York law ensures that abortion providers and those who assist patients cannot be sued or prosecuted under another state’s abortion restrictions. Additionally, individuals who face lawsuits in other states for obtaining or assisting with an abortion can file countersuits in New York for unlawful interference with protected rights, potentially recovering damages
3. Medical Privacy Protections: The state has strict protections regarding the confidentiality of patient medical records. Healthcare providers are prohibited from sharing medical information with out-of-state entities seeking to enforce abortion bans.
4. Expanded Access to Telemedicine Abortion Services: In 2023, New York expanded its shield protections to include telemedicine abortion services. This means that New York-based providers can prescribe and mail abortion medication to patients in states where abortion is restricted, without fear of legal repercussions from those states.
5. Funding and Support for Abortion Access: New York has allocated substantial public funding to ensure access to abortion and reproductive healthcare. In the FY24 state budget, over $100 million was directed toward expanding access, complementing the $35 million investment made in the previous year. Additionally, New York City contributed $850,000 to the New York Abortion Access Fund to support those traveling from restrictive states.

The National Context and Future Legal Challenges

New York is one of several states—including California, Massachusetts, and Washington—that have enacted shield laws to counteract restrictive abortion policies elsewhere. These laws are already being challenged by anti-abortion advocates, who argue that shield laws interfere with other states’ legislative authority. Legal battles over the validity of shield laws may eventually reach the Supreme Court, potentially reshaping the landscape of interstate legal conflicts over reproductive rights.

Conclusion

Shield laws represent a crucial strategy in the ongoing fight for reproductive justice, ensuring that New York remains a sanctuary for those seeking and providing abortion care. By enacting and expanding these protections, New York continues to uphold its commitment to safeguarding reproductive autonomy in an increasingly hostile national climate.

For more information on your rights or to access reproductive healthcare services in New York, visit NOW-NYC’s resources page.