In a landmark legal challenge following the overturning of Roe v. Wade, Texas Attorney General Ken Paxton has filed a lawsuit against a New York physician, Dr. Margaret Carpenter. The lawsuit alleges that Dr. Carpenter illegally provided abortion medication to a 20-year-old woman residing in Collin County, Texas. The woman reportedly experienced significant bleeding after taking the medication at nine weeks of pregnancy, requiring hospitalization.

The lawsuit claims Dr. Carpenter mailed mifepristone and misoprostol to the Texas resident. This action, according to Paxton, violates Texas law, which prohibits the prescription of abortion-inducing drugs via mail and restricts telehealth services from unlicensed out-of-state physicians.

This case is the first of its kind to challenge the legal complexities of conflicting state abortion laws since the Supreme Court's 2022 decision. Texas has implemented a near-total abortion ban, while New York maintains strong protections for abortion access, including a shield law designed to safeguard providers from out-of-state legal action. This shield law has been interpreted by some as implicitly allowing doctors to send abortion medication to states with restrictions.

Texas officials have indicated their intention to pursue similar cases, despite the existence of shield laws in other states. The legal battle raises complex questions about jurisdiction, interstate commerce, and the reach of state laws. New York’s shield law empowers Dr. Carpenter to refuse compliance with Texas court orders, further complicating the matter.

Texas law prohibits the prosecution of women for obtaining abortions but allows for legal action against individuals who assist in the process. The lawsuit alleges that Dr. Carpenter, founder of the Abortion Coalition for Telemedicine, knowingly provided services to Texas residents without a Texas medical license. Paxton is seeking to prevent further violations and impose substantial civil penalties.

Attorney General Paxton emphasized the importance of protecting maternal and infant health in Texas, stating that out-of-state doctors cannot endanger Texans by illegally prescribing abortion medication. Dr. Carpenter's affiliation with AidAccess, an international abortion medication provider, and her role in founding Hey Jane, a telehealth abortion provider, were also noted.