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Texas sues New York official for refusing to take action against abortion provider
Texas sues New York official for refusing to take action against abortion provider

The Guardian

time2 days ago

  • Health
  • The Guardian

Texas sues New York official for refusing to take action against abortion provider

Texas has sued a New York official for refusing to take action against an abortion provider, teeing up a state-versus-state battle that is widely expected to end up before the US supreme court. Ken Paxton, Texas's attorney general, has petitioned the New York state supreme court to order a county clerk to enforce a fine against Dr Margaret Carpenter, a New York doctor accused of mailing abortion pills across state lines. Paxton accused Carpenter last year of mailing abortion pills to a Texas woman in defiance of Texas's ban on virtually all abortions. After Carpenter failed to show up in a Texas court, a judge ordered her to pay more than $100,000 in penalties. But the acting Ulster county clerk, Taylor Bruck, in New York has twice rejected Paxton's efforts to levy that fine. Under New York's 'shield law', state law enforcement officials are blocked from complying with out-of-state prosecutions against abortion providers who ship pills to patients, even if those patients are located outside New York state. 'No matter where they reside, pro-abortion extremists who send drugs designed to kill the unborn into Texas will face the full force of our state's pro-life laws,' Paxton, a Republican, said in a statement announcing Monday's filing. Bruck, 34, said that he was just following New York state law. 'I'm just proud to live in a state that has something like the shield law here to protect our healthcare providers from out-of-state proceedings like this,' Bruck said. 'This has the potential of getting appealed up and up and up.' Paxton's petition marks the latest escalation in the burgeoning clash between states that protect abortion rights and those that do not. In the three years since the supreme court overturned Roe v Wade, abortion opponents in red states have repeatedly tried to push for legislation and litigation that would curtail people's ability to cross state lines for abortions or to receive abortion pills in the mail. Meanwhile, blue states, including New York, have enacted an array of shield laws to preserve people's abortion access. The US supreme court will probably be forced to step in to settle these debates between states, legal experts say. 'Ultimately, it's a states' rights argument,' Bruck said, adding that he remains 'still stunned by the whole thing'. 'It's not something I was really expecting, coming into this role,' Bruck said. 'It's really unprecedented for a clerk to be in this position.' The best public interest journalism relies on first-hand accounts from people in the know. If you have something to share on this subject you can contact us confidentially using the following methods. Secure Messaging in the Guardian app The Guardian app has a tool to send tips about stories. Messages are end to end encrypted and concealed within the routine activity that every Guardian mobile app performs. This prevents an observer from knowing that you are communicating with us at all, let alone what is being said. If you don't already have the Guardian app, download it (iOS/Android) and go to the menu. Select 'Secure Messaging'. SecureDrop, instant messengers, email, telephone and post See our guide at for alternative methods and the pros and cons of each.

Texas sues New York official for refusing to take action against abortion provider
Texas sues New York official for refusing to take action against abortion provider

The Guardian

time2 days ago

  • Health
  • The Guardian

Texas sues New York official for refusing to take action against abortion provider

Texas has sued a New York official for refusing to take action against an abortion provider, teeing up a state-versus-state battle that is widely expected to end up before the US supreme court. Ken Paxton, Texas's attorney general, has petitioned the New York state supreme court to order a county clerk to enforce a fine against Dr Margaret Carpenter, a New York doctor accused of mailing abortion pills across state lines. Paxton accused Carpenter last year of mailing abortion pills to a Texas woman in defiance of Texas's ban on virtually all abortions. After Carpenter failed to show up in a Texas court, a judge ordered her to pay more than $100,000 in penalties. But acting Ulster county clerk Taylor Bruck in New York has twice rejected Paxton's efforts to levy that fine. Under New York's 'shield law', state law enforcement officials are blocked from complying with out-of-state prosecutions against abortion providers who ship pills to patients, even if those patients are located outside New York state. 'No matter where they reside, pro-abortion extremists who send drugs designed to kill the unborn into Texas will face the full force of our state's pro-life laws,' Paxton, a Republican, said in a statement announcing Monday's filing. Bruck, 34, said that he is just following New York state law. 'I'm just proud to live in a state that has something like the shield law here to protect our healthcare providers from out-of-state proceedings like this,' Bruck said. 'This has the potential of getting appealed up and up and up.' Paxton's petition marks the latest escalation in the burgeoning clash between states that protect abortion rights and those that do not. In the three years since the supreme court overturned Roe v Wade, abortion opponents in red states have repeatedly tried to push for legislation and litigation that would curtail people's ability to cross state lines for abortions or to receive abortion pills in the mail. Meanwhile, blue states, including New York, have enacted an array of shield laws to preserve people's abortion access. The US supreme court will probably be forced to step in to settle these debates between states, legal experts say. 'Ultimately, it's a states' rights argument,' Bruck said, adding that he remains 'still stunned by the whole thing'. 'It's not something I was really expecting, coming into this role,' Bruck said.' 'It's really unprecedented for a clerk to be in this position.'

Ken Paxton goes after New York Clerk for refusing to enforce abortion pill judgement
Ken Paxton goes after New York Clerk for refusing to enforce abortion pill judgement

The Hill

time2 days ago

  • Health
  • The Hill

Ken Paxton goes after New York Clerk for refusing to enforce abortion pill judgement

AUSTIN (Nexstar) — Texas Attorney General Ken Paxton escalated a brewing conflict between Texas and New York's abortion laws. On Monday, Paxton announced he filed legal action against New York Acting Ulster County Clerk Taylor Bruck for refusing to enforce a $100,000 penalty against Dr. Margaret Carpenter. In February, a Texas district court ruled in favor of the state of Texas over Carpenter after she failed to file a response to Paxton's complaint. However, Bruck refused to enforce the judgement against the Ulster County resident. '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,' Bruck said in a prepared statement at the time. 'Dr. Carpenter is a radical abortionist who must face justice, not get legal protection from New York liberals intent on ending the lives of as many unborn children as they can,' said Attorney General Paxton in a press release. 'No matter where they reside, pro-abortion extremists who send drugs designed to kill the unborn into Texas will face the full force of our state's pro-life laws.' New York vs. Texas In 2023, New York passed a 'Shield Law' to protect their medical providers providing gender-affirming and reproductive care. 'The Shield Law broadly prohibits law enforcement and other state officials from cooperating with investigations into reproductive or gender-affirming health care ('protected health care') so long as the care was lawfully provided in New York,' the New York Attorney General's Office says. According to court filings, Carpenter is 'not a resident of the State of Texas, but is a resident of the State of New York that has done business in Texas,' and 'has not and does not maintain a regular place of business in Texas.' 'It's going to get us answers about the Shield Law and Shield Laws nationwide,' Bruck said over the phone on Monday. 'There's a lot of unknowns in this whole process right now, I'm mostly curious as to how it will all shake out.' Earlier this month, Bruck released another prepared statement after Paxton tried to enforce the judgement again. 'We have received your letter regarding the Dr. Margaret Carpenter judgment originally submitted for filing on March 17th, 2025. The rejection stands. Resubmitting the same materials does not alter the outcome,' Bruck wrote on July 14. 'While I'm not entirely sure how things work in Texas, here in New York, a rejection means the matter is closed. Have a good day. Excelsior.' KXAN reached out to the Texas Attorney General's office via email. New abortion proposals in special session On July 9, Texas Governor Greg Abbott added 'Protect Unborn Children' to an expansive special session call sheet, allowing new anti-abortion legislation to be taken up in the 30-day special session. As of Monday, eight anti-abortion bills had been filed in the Texas House: House Bill 37 by State Rep. Jared Patterson, R-Frisco, House Bill 65 by State Rep. Briscoe Cain, R-Deer Park, and House Bill 66 would allow parents of an aborted fetus to take civil action against the provider of an abortion pill. The bills are partial refilings of Senate Bill 2880 from the regular session, which failed to get out of the House State Affairs Committee after passing the Texas Senate. House Bill 58 by State Rep. Mike Schofield, R-Katy, would create a special prosecutor to enforce abortion laws — along with election and human trafficking laws. House Bill 69 by State Rep. Ellen Troxclair, R-Marble Falls, would prevent a physician from giving an abortion-inducing drug to a woman not physically present at a physician's appointment. House Bill 70 by Troxclair would prevent the transportation or the funding of transportation for minors. House Bill 95 by State Rep. Nate Schatzline, R-Fort Worth, would prevent selling abortion-inducing drugs online House Bill 163 by State Rep. Brent Money, R-Canton, would treat unborn children as full citizens for certain felony offenses. None of these bills have been referred to a committee yet.

New York county clerk rejects Texas's effort to fine doctor in abortion pill case
New York county clerk rejects Texas's effort to fine doctor in abortion pill case

Yahoo

time22-07-2025

  • Politics
  • Yahoo

New York county clerk rejects Texas's effort to fine doctor in abortion pill case

A New York county clerk again rejected an effort by Texas to fine a New York-based doctor accused of shipping abortion pills across state lines, in a case that could tee up a US supreme court showdown between states that protect abortion access and those that ban it. On Monday, the acting Ulster county clerk, Taylor Bruck, rejected a court filing by Texas's attorney general, Ken Paxton, which sought to collect a $113,000 penalty against Dr Margaret Carpenter. Paxton had sued Carpenter in December 2024 over allegations she shipped abortion pills to a Texas woman in defiance of the state's ban on virtually all abortions. When Carpenter did not show up to a court hearing earlier this year, a judge automatically ruled against her and ordered her to pay the fine as well as stop mailing pills to Texas. However, New York is one of a handful of blue states that has enacted a 'shield law', which blocks state officials from extraditing abortion providers to other states or complying with out-of-state court orders. In his initial refusal to levy the fine, issued in March, Bruck cited the shield law. Related: Planned Parenthood offices begin rejecting Medicaid after Trump signs bill to defund healthcare organization 'The rejection stands. Resubmitting the same materials does not alter the outcome,' Bruck said in his response to Paxton on Monday. 'While I'm not entirely sure how things work in Texas, here in New York, a rejection means the matter is closed.' As a signoff, Bruck added New York state's motto: 'Excelsior.' The word means 'ever upward' in Latin. Paxton's office did not immediately respond to a request for comment. After the first rejection, Paxton said in a statement that he was 'outraged'. 'New York is shredding the constitution to hide lawbreakers from justice, and it must end,' he continued. 'I will not stop my efforts to enforce Texas's pro-life laws that protect our unborn children and mothers.' Shield laws like New York's, which sprang up in the years since the US supreme court overturned Roe v Wade, have never been tested in court. However, anti-abortion activists are trying to change that, as they have grown increasingly frustrated by the accessibility of abortion through out-of-state travel and the availability of abortions pills through telehealth. Despite the wave of state-level abortion bans unleashed by the fall of Roe, the number of abortions performed in the US is still on the rise, in large part thanks to providers' ability to facilitate the procedure through shield laws. In December 2024, shield law providers facilitated almost 14,000 abortions in states that ban almost all abortions or that restrict telehealth abortions, according to #WeCount, a research project by the Society of Family Planning. Experts widely expect that the Texas case, or another similar case involving shield laws, will ultimately be decided by the supreme court. Solve the daily Crossword

New York clerk again refuses to enforce Texas judgment against doctor who provided abortion pills
New York clerk again refuses to enforce Texas judgment against doctor who provided abortion pills

San Francisco Chronicle​

time14-07-2025

  • Health
  • San Francisco Chronicle​

New York clerk again refuses to enforce Texas judgment against doctor who provided abortion pills

A county clerk in New York on Monday again refused to file a more than $100,000 civil judgment from Texas against a doctor accused of prescribing abortion pills to a Dallas-area woman. New York is among eight states with shield laws that protect providers from other states' reach. Abortion opponents claim the laws violate a constitutional requirement that states respect the laws and legal judgments of other states. Republican Texas State Attorney General Ken Paxton wants a New York court to enforce a civil decision from Texas against Dr. Margaret Carpenter, who practices north of New York City in Ulster County, for allegedly prescribing abortion medication via telemedicine. Acting Ulster County Clerk Taylor Bruck in March refused an initial request to file the judgment, citing the New York law that shields abortion providers who serve patients in states with abortion bans. A second demand was made last week by the Texas attorney general's office, which said Bruck had a 'statutory duty' to make the filing under New York civil practice law. Bruck responded Monday that the rejection stands. 'While I'm not entirely sure how things work in Texas, here in New York, a rejection means the matter is closed,' Bruck wrote in a letter to Texas officials. Democratic New York Gov. Kathy Hochul this year invoked the state's shield law in rejecting a request to extradite Carpenter to Louisiana, where the doctor was charged with prescribing abortion pills to a pregnant minor. Hochul, responding to the latest request from Paxton's office, claimed he was attempting to dictate 'the personal decisions of women across America.' 'Our response to their baseless claim is clear: no way in hell. New York won't be bullied," she said in a prepared statement. "And I'll never back down from this fight.'

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