New York rejects Texas attempt to punish doctor over abortion pills

Zincwarrior

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NY denies Texas' attempt to punish a New York doctor prescribing medical abortion pills through the mails to women in Texas. NY put in place a shield law post doctors for such providers. EDIT: Abortion is effectively illegal in Texas, and Texas sued the doctor who was prescribing chemical abortion pills, and then a medical service in NY was shipping them out to the women to take.

A New York official rejected Texas’s latest attempt to penalize a doctor who allegedly prescribed abortion pills to a Dallas woman — the latest clash in a legal battle expected to make its way to the Supreme Court.

Texas has been seeking to punish New York doctor Margaret Carpenter, who was ordered in February by a Texas judge to pay a fine of more than $100,000 after Texas Attorney General Ken Paxton (R) alleged that she violated state law that bars mailing or online prescribing of abortion medication to residents. When Paxton asked a New York county clerk to formally file that judgment, the clerk refused.

On Monday, that official, acting Ulster County clerk Taylor Bruck, rejected Texas’s second request to file the judgment. Filing the request would break New York’s “shield law,” he said.

“They can send it every day if they want,” Bruck told The Washington Post on Tuesday. “It won’t change what we’re doing.”
 
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And the Doctor's license isn't applicable in Texas.
And the doctor is not in Texas, but NY.

Next up, Texas sends bounty hunters.
1752607736295.webp
 
No. One state cannot apply to another state. Gambling is illegal in NY ;), but NY can't charge Joe and Ethel if they go to Vegas and gamble.

This isn't the person going to get an abortion in NY, this is a NY doctor mailing prescription drugs to a person in Texas while not being licensed to practice medicine in Texas.
 
So doctors should be able to send medicine to people in States they are not licensed to practice medicine in?
Should is separate from this scenario.
-IN this scenario, one state cannot pursue criminal charges against someone in another state doing something in that state alone.

As for 'Should' I have no real opinion on it. Telemed is a thing now. We had a story where a surgeon remotely operated on a patient in another country using a robot on the other end to do the surgery. In this instance there is no doc needed in the first place.
 
15th post
Should is separate from this scenario.
-IN this scenario, one state cannot pursue criminal charges against someone in another state doing something in that state alone.

As for 'Should' I have no real opinion on it. Telemed is a thing now. We had a story where a surgeon remotely operated on a patient in another country using a robot on the other end to do the surgery.

Their actions cross State lines, they are in effect breaking the laws regulating medical practice in that State.

It's not "in that State alone" they are performing an action in another State, and illegal one at that.

Stop trying to be slick on this.
 
Their actions cross State lines, they are in effect breaking the laws regulating medical practice in that State.
Tep. And the other state can't touch them, and there are no federal laws in conflict. As noted, this keeps NY from prosecuting Stocatta here for making a pistol that doesn't comply with their laws.
It's not "in that State alone" they are performing an action in another State, and illegal one at that.
only illegal in the one state.

Stop trying to be slick on this.
I am not. This is settled law from ancient times, and I am very happy. I don't want NY and Illinois coming after me here.
 
Tep. And the other state can't touch them, and there are no federal laws in conflict. As noted, this keeps NY from prosecuting Stocatta here for making a pistol that doesn't comply with their laws.

only illegal in the one state.


I am not. This is settled law from ancient times, and I am very happy. I don't want NY and Illinois coming after me here.

This person is willfully breaking the laws of the State in question and SENDING things to that State.
 
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