UPDATE: Legal Decision in Texas Case Results in Fine and Permanent Injunction

FEBRUARY 13, 2025 (NEW YORK, NY) — In a landmark legal decision, a Texas state judge entered a default judgment, ordering Dr. Margaret Carpenter to pay a penalty of at least $100,000 and permanently cease providing abortion pills to women in Texas. This ruling marks a significant step in the ongoing battle between states that seek to restrict abortion access and those that protect it. Dr. Carpenter, who failed to respond to a civil lawsuit filed by Texas Attorney General Ken Paxton, was accused of illegally prescribing mifepristone and misoprostol via telemedicine to a Texas patient.

The case is widely expected to reach the Supreme Court and become a pivotal test in the escalating battle between states that ban abortion and those that support abortion rights. It pits Texas, which has a near-total abortion ban, against New York, which has a “telemedicine abortion shield law” intended to protect abortion providers who send medications to patients in other states. These laws ensure that officials and agencies in states that support abortion access will not cooperate with civil suits, prosecutions, or other legal actions aimed at penalizing healthcare providers who prescribe and send abortion medications to patients in states where abortion is banned.

Texas’s actions underscore the urgent need for stronger legal protections and unwavering support for the medical professionals risking their freedom to provide reproductive care. NOW-NYC stands in full solidarity with Dr. Carpenter and all abortion providers facing legal threats for upholding their ethical duty to patients. We call on lawmakers, legal advocates, and the public to remain vigilant and take action to defend abortion rights. The fight is far from over—shield laws must be strengthened across the country, and reproductive healthcare must be protected from the relentless assault of extremist politicians.

UPDATE: Louisiana Criminal Charges Brought Against Dr. Carpenter

FEBRUARY 3, 2025 (NEW YORK, NY) — In a disturbing escalation of attacks on reproductive healthcare, Louisiana prosecutors have indicted Dr. Carpenter for prescribing abortion medication to a patient in another state. On January 31, a grand jury in West Baton Rouge, Louisiana, indicted Dr. Carpenter for prescribing an abortion pill that was taken by a teenager there. This case is the first known attempt to criminally charge an out-of-state provider for offering legal abortion care under their home state’s laws.

These charges, coupled with the ongoing civil lawsuit from Texas Attorney General Ken Paxton, expose the growing strategy of anti-abortion politicians: weaponizing the legal system to intimidate doctors and restrict access to care, even beyond their own state borders. These tactics not only jeopardize the safety and well-being of providers but also create an untenable landscape for patients seeking essential healthcare.

The stakes in this case are immense. New York’s shield laws were enacted precisely to protect providers like Dr. Carpenter from politically motivated prosecutions. Governor Kathy Hochul’s refusal to comply with any extradition request is a necessary stand against this dangerous overreach. “I will protect this doctor and all healthcare workers because this is the continued collateral damage of the overturning of Roe v. Wade,” Governor Hochul stated, reaffirming New York’s commitment to defending reproductive rights and those who provide essential abortion care.

FOR IMMEDIATE RELEASE

DECEMBER 17, 2024 (NEW YORK, NY) — In an unprecedented legal attack on reproductive rights, Texas Attorney General Ken Paxton has filed a first-of-its-kind lawsuit against Dr. Margaret Carpenter, a New York-based physician, for allegedly prescribing abortion medication to a Texas resident.

“This case pits Texas’ near-total abortion ban against New York’s shield laws, which are designed to protect doctors from precisely this kind of politically motivated litigation,” said Sonia Ossorio, Executive Director of the National Organization for Women – New York City (NOW-NYC). “Dr. Carpenter is an ethical and courageous provider who prioritizes her patients’ well-being. Women across Texas, New York, and the nation stand with her.”

A Dangerous Precedent for Reproductive Rights

Dr. Carpenter, a leader in telemedicine and founder of the Abortion Coalition for Telemedicine, is being sued for prescribing and mailing abortion pills to a 20-year-old woman in the Dallas area. Texas is seeking penalties of $100,000 per alleged violation, claiming Dr. Carpenter’s actions violated the state’s abortion ban, which prohibits abortion at any stage of pregnancy.

This lawsuit is an escalation in efforts to restrict abortion access and punish healthcare providers, setting a dangerous precedent that could reverberate far beyond state lines. Shield laws in states like New York, where abortion remains legal, are intended to safeguard medical professionals who provide abortion care in compliance with their state’s laws.

If successful, Texas’ challenge could have a chilling effect on doctors nationwide, deterring them from providing critical reproductive healthcare even when shield laws are in place. Legal experts warn this case is part of a broader effort to dismantle abortion access through aggressive litigation.

“This lawsuit creates a perilous environment for providers,” said Mary Ziegler, a law professor at UC Davis. “Doctors may be forced to second-guess whether shield laws can truly protect them, leaving patients without options.”

Reproductive Medicine Under Threat

Medication abortion, which accounts for over half of all abortions in the United States, has become an essential method of care, particularly in states with restrictive bans. Telemedicine has expanded access to this safe and effective option, empowering patients to receive care discreetly.

However, Texas’ lawsuit weaponizes the law to intimidate doctors, placing them under immense financial and legal strain. This approach not only threatens healthcare providers but also forces patients to seek unsafe alternatives or carry unwanted pregnancies to term. Moreover, it erodes the long-standing principle of state sovereignty, allowing restrictive states to overreach their borders.

Post-Roe: Navigating a Fractured Landscape

Since the overturning of Roe v. Wade, the reproductive rights landscape has become increasingly fractured. Republican-controlled states, like Texas, have enacted some of the nation’s most draconian abortion bans, while Democratic-led states have worked to protect access through legislation and shield laws. This tug-of-war over reproductive autonomy leaves patients and providers navigating a perilous legal minefield.

A conservative-led Supreme Court and Congress, coupled with a Trump administration, is expected to amplify these threats. From reclassifying abortion pills as controlled substances to introducing barriers to telemedicine, abortion opponents are relentlessly seeking new ways to undermine reproductive healthcare.

Here in New York Governor Kathy Hochul has reaffirmed her commitment to safeguarding reproductive rights, stating, “As Texas and other states attempt to restrict women’s rights, I am steadfast in ensuring that New York remains a sanctuary for those seeking abortion care. I will continue to protect the reproductive freedom of all New Yorkers and use every tool at my disposal to uphold the laws of our state.” Her administration is committed to safeguarding access to reproductive healthcare services, ensuring that New York leads the nation in defending the rights of individuals to make their own healthcare decisions.

NOW-NYC Calls for Action

NOW-NYC stands firmly with Dr. Carpenter and all medical professionals courageously providing essential reproductive healthcare despite mounting political attacks. Shield laws must be defended, and physicians must be protected from punitive lawsuits designed to intimidate and restrict care.

“This case is about more than one doctor or one state,” Ossorio said. “It’s about protecting reproductive medicine, the safety of healthcare providers, and every woman’s fundamental right to control her body. We must act now to uphold shield laws, support doctors, and safeguard reproductive autonomy.”

Take Action

• Support Shield Laws: Advocate for legislation that protects healthcare providers and patients. Contact your Senator HERE, and your U.S. Representative HERE. Be vocal and be persistent.
• Stand with Providers: Amplify the voices of doctors on the frontlines of reproductive care. Reach out to your friends and family in Texas and Louisiana to speak to their congressional representatives. Share and amplify support for reproductive healthcare providers on social media. Follow NOW-NYC on Instagram for further updates: @now_nyc.
• Stay Vigilant: Follow developments in this case and other threats to reproductive rights. The Center for Reproductive Rights and the National Institute for Reproductive Health are great resources.

NOW-NYC will continue to monitor this case closely and provide updates to our members and supporters. Together, we can ensure that reproductive healthcare remains accessible, safe, and free from political interference.

Contact:
National Organization for Women – New York City (NOW-NYC)
Email: [email protected]
Phone: (212) 627-9895
Website: www.nownyc.org

About NOW-NYC:
NOW-NYC is dedicated to advancing women’s rights and promoting gender equality through legal advocacy, public education, and grassroots activism. We work to ensure that reproductive rights, economic justice, and safety from violence remain at the forefront of our mission.