New York Judge Dismisses Texas Lawsuit Seeking to Enforce Abortion Pill Judgment
A New York judge dismissed a legal challenge from Texas today seeking to enforce a civil judgment of over $100,000 against a doctor accused of prescribing abortion pills to a Texas resident, in a key test of New York’s law protecting abortion providers.
Texas Attorney General Ken Paxton sought to compel Ulster County Clerk Taylor Bruck to file a judgment against Dr. Margaret Carpenter, who practices north of New York City, alleging she illegally prescribed abortion medication via telemedicine. Bruck refused, citing New York’s shield law, which protects providers offering legally protected health services from out-of-state legal actions. Justice David Gandin ruled Bruck acted lawfully, stating Carpenter’s services “fall squarely within the definition of ‘legally protected health activity’” under the New York law.
“It seemed very clear to me that as a government employee I should not be complying with this,” Bruck said. “Since there was no precedent for the shield law yet, it feels really good to set that precedent.” The ruling comes as several states, including Planned Parenthood, have enacted similar shield laws to protect patients and providers from legal repercussions stemming from abortion restrictions in other states. A Texas judge initially ordered Carpenter to pay the penalties in February and issued an injunction against prescribing to Texas residents.
New York Attorney General Letitia James’s motion to intervene in the case was denied by the judge, who determined the constitutionality of the shield law itself wasn’t being challenged. This decision underscores the growing legal battles between states with differing abortion laws, potentially creating a patchwork of regulations across the country. It remains unclear whether Paxton’s office will appeal the ruling; a request for comment was sent to his office.