Texas files first lawsuit against out-of-state abortion provider

[martybegan]

Texas AG Ken Paxton has filed a civil action against a New York Doctor who prescribed and had mailed abortion pills to a woman in Texas who took them. New York has a shield law in place.
This will have interesting permutations not only for abortion but for other laws. If successful, could California sue gun companies for making firearms that are not permitted in Cali?

Ken Paxton sues New York doctor accused of prescribing abortion pills to Texas woman

This case sets up a legal battle between Texas’ near-total abortion ban and New York’s shield law that protects doctors from out-of-state prosecution.

www.texastribune.org

The abortion took place in Texas, so that doesn't make this an issue about jurisdiction.

Your 2nd question would only apply if they knowingly sent the guns to California.

 

[martybegan]

Pretty stupid on the doctors part. Should have told her she just needs to go to another state.

The doctor was probably trying to make a political point and hide behind NY's laws.

 

[Zincwarrior]

The doctor was probably trying to make a political point and hide behind NY's laws.

Not a point, but yes they were looking to avail themselves of NY's shield laws.

Reaching beyond a state's borders is historically a jurisdictional no no. In this case, as you noted, there is a specific state law shielding them.

 

[martybegan]

Not a point, but yes they were looking to avail themselves of NY's shield laws.

Reaching beyond a state's borders is historically a jurisdictional no no. In this case, as you noted, there is a specific state law shielding them.

But it can only shield them from NY law, not Federal law nor Texas State law.

 

[BackAgain]

Texas AG Ken Paxton has filed a civil action against a New York Doctor who prescribed and had mailed abortion pills to a woman in Texas who took them. New York has a shield law in place.
This will have interesting permutations not only for abortion but for other laws. If successful, could California sue gun companies for making firearms that are not permitted in Cali?

Ken Paxton sues New York doctor accused of prescribing abortion pills to Texas woman

This case sets up a legal battle between Texas’ near-total abortion ban and New York’s shield law that protects doctors from out-of-state prosecution.

www.texastribune.org

I doubt the lawsuit will proceed too far before getting dismissed.

 

[Zincwarrior]

But it can only shield them from NY law, not Federal law nor Texas State law.

Not Federal law. It can definitely shield them from Texas law. One state's law does not trump another.

 

[martybegan]

Not Federal law. It can definitely shield them from Texas law. One state's law does not trump another.

The abortion happened in Texas, if they can get the doctor to Texas NY law won't shield them. Or if he refuses to go and defend himself they can try him in absentia, or with representation for them.

 

[Zincwarrior]

The abortion happened in Texas, if they can get the doctor to Texas

Agreed. But they can't get the doctor to Texas, nor can they put a lien on the DOctor's assets.

 

[Zincwarrior]

An update: clerk tells Texas to suck it.

NY county clerk refuses to file Texas’ fine for doctor accused of prescribing abortion pills

A Texas judge last month ordered Dr. Margaret Carpenter, who practices north of New York City, to pay the penalty for allegedly breaking that state’s law by prescribing abortion medication via telemedicine.

www.texastribune.org

A county clerk in New York refused Thursday to file a more than $100,000 judgment from Texas against a doctor accused of prescribing abortion pills to a woman near Dallas, setting up a potential challenge to laws designed to shield abortion providers who serve patients in states with abortion bans.

A Texas judge last month ordered Dr. Margaret Carpenter, who practices north of New York City, to pay the penalty for allegedly breaking that state's law by prescribing abortion medication via telemedicine. The Texas attorney general's office followed up last week by asking a New York court to enforce the default civil judgment, which is $113,000 with attorney and filing fees.

The acting Ulster County clerk refused.

“In accordance with the New York State Shield Law, I have refused this filing and will refuse any similar filings that may come to our office. Since this decision is likely to result in further litigation, I must refrain from discussing specific details about the situation," Acting Clerk Taylor Bruck said in a prepared statement.


New York is among eight states with telemedicine shield laws, which were considered a target for abortion opponents even before the standoff between officials New York and Texas.

Democratic New York Gov. Kathy Hochul last month invoked her state's shield law in rejecting Republican Gov. Jeff Landry’s request to extradite Carpenter to Louisiana, where the doctor was charged with prescribing abortion pills to a pregnant minor.

Hochul on Thursday praised Bruck's refusal and said “New York is grateful for his courage and common sense.”