"New York Attorney General Letitia James announced Monday that she will defend her state's abortion protections in a lawsuit brought by the state of Texas. James' involvement sets up the first interstate fight over abortion laws since the fall of Roe v. Wade, opening the door for the Supreme Court to weigh in on a key legal mechanism that has helped people in states with bans access abortion."
"Texas Attorney General Ken Paxton filed a civil suit against Dr. Margaret Carpenter in December for providing a telehealth abortion to a Texas-based patient. Carpenter lives and practices in New York, where abortion is legal; in Texas, where her patient received the health care, there is an almost total ban on abortion. New York is one of several states where abortion providers are protected by shield laws - statutes that ban cooperation with other states' attempts to enforce abortion bans."
"The law prohibits New York law enforcement officials from arresting or extraditing health professionals who provided abortions that are legal in New York; law enforcement also cannot cooperate with investigations or punishments of such procedures. By setting up a clash between two states' chief law enforcement offices, James' intervention increases the likelihood that the New York-Texas dispute becomes a vehicle for the Supreme Court to weigh in on the constitutionality of shield laws and the telehealth abortions they enable."
New York Attorney General Letitia James will defend New York's abortion protections against a lawsuit filed by Texas. Texas sued Dr. Margaret Carpenter for providing a telehealth abortion to a Texas patient while Carpenter lives and practices in New York, where abortion is legal and Texas has an almost total ban. New York shield laws bar cooperation with other states' enforcement, prohibit arrest or extradition of providers, and prevent law enforcement from aiding investigations or punishments. The clash between the two states' law enforcement offices increases chances the Supreme Court will consider the constitutionality of shield laws and telehealth abortions.
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