Texas judge fines New York doctor for sending abortion pills to Texas
Source: NPR/AP
February 14, 2025 2:04 AM ET
ALBANY, N.Y. A Texas judge on Thursday ordered a New York doctor to pay more than $100,000 in penalties for prescribing abortion pills to a woman near Dallas, a ruling that could test "shield laws" in Democratic-controlled states where abortion is legal.
The ruling was handed down on the same day New York Gov. Kathy Hochul rejected a request from Louisiana to extradite the same doctor, Dr. Maggie Carpenter, who was charged in that state with prescribing abortion pills to a pregnant minor. Unlike Louisiana, Texas did not file criminal charges against Carpenter but accused her in a December lawsuit of violating state law by prescribing abortion medication via telemedicine. Texas has one of the most restrictive abortion bans in the nation.
State District Judge Bryan Gantt issued the fine against Carpenter and ordered her to pay attorney's fees. He also issued an injunction barring Carpenter from prescribing abortion medication to Texas residents. Gantt noted in his order that despite being notified, Carpenter failed to appear in court.
Earlier Hochul, a Democrat, said she would not honor Louisiana's request to arrest and send the doctor to Louisiana after she was charged with violating the southern state's strict anti-abortion law. "I will not be signing an extradition order that came from the governor of Louisiana," Hochul said at a news conference in Manhattan. "Not now, not ever." She also said she sent out a notice to law enforcement in New York that instructed them to not cooperate with out-of-state warrants for such charges.
Read more: https://www.npr.org/2025/02/14/g-s1-48889/texas-judge-fines-new-york-doctor-abortion-pills
liberalgunwilltravel
(1,184 posts)Losers.
GB_RN
(3,549 posts)Goddamned Texas legislators and their crony judges.
joshdawg
(2,952 posts)Fuck'em both!
MarineCombatEngineer
(18,025 posts)mahatmakanejeeves
(69,303 posts)ScratchCat
(2,732 posts)First, lets be clear, this is a "text case" set up by Dr. Carpenter who knew what would happen if she prescribed pills to these States. IMO, neither State has a leg to stand on, but that's not the point.
But here is what's going to happen:
Louisiana will go to a Federal Court to force extradition. The federal court will legally ignore the law in question and rule that The State of New York can't deny extradition. NY State will then appeal the constitutionality of the Texas and Louisiana laws to SCOTUS. Who knows what SCOTUS will rule. But eventually, Dr. Carpenter will likely submit to extradition unless a federal court tells Texas and Louisiana "no" on enforcement across State lines.
Also, keep in mind, Dr. Carpenter can't travel outside New York. She would be arrested in most any other State. Also, Texas will ask a court for default judgment on the fine. Then they will place a lien on property, pay checks, etc..
I support Dr. Carpenter 100%, but this will likely not end easily in her favor without a federal court slapping this down soon.
moonshinegnomie
(4,001 posts)NY courts will just remove it. if she uses a local bank it will be hard for texas to actually collect. her office isnt going to garnish her wages. a NY bank wont pull money out of her account.
ScratchCat
(2,732 posts)There is likely over one hundred years of court precedent on this issue. NY is going to have a difficult time not cooperating unless a federal court rules against Texas and Louisiana here. Dr. Carpenter can't live the rest of her life with two out-of-State warrants hanging over her head.
moonshinegnomie
(4,001 posts)so theres no warrant involved.
as for louisiana NY law specificalyl forbids cooperating with thelouisian demand . even if a federal court down there tries to order it im sure a NY federal court will block it and it will take a looong time to work its way thru the courts.
LeftInTX
(34,135 posts)I don't know about the Texas case.
A brief description of the court: The 471st District Court shall give preference to civil matters.
If this is one of those weird, "We're gonna sue you" cases, then it's different than a criminal case. Who knows? It says the father of the child was involved, so the father may have sued the doctor. (Texas has that weird law where a citizen can sue someone in civil court over abortion.) The judge fined the doctor because she was a no-show in court. (Once again that points to likely civil law)
New York's shield laws likely won't protect her from civil judgement. She should appeal, but she was likely fined for being a no-show in a civil case. Laws regarding civil cases are very different than criminal.
littlemissmartypants
(32,830 posts)bluestarone
(22,032 posts)Then a NY judge could demand they show up in NY to answer the suit. If they don't show, FINE them $200,00.
azureblue
(2,719 posts)hold a show cause hearing in NYC, and demand TX show up.
azureblue
(2,719 posts)One state codifies a religious belief into law, then tries to force another state to obey.
That is the glaring point that is ignored - even the Bible says that life begins at first breath. So make it a religious law issue.
ScratchCat
(2,732 posts)And it makes no sense.
The only argument against abortion pre-viability is a religious argument, i.e., there is a "Soul at conception" argument. Therefore, any law prohibiting abortion pre-viability is based in religion and therefore in conflict with the First Amendment. It boggles my mind that this isn't THE one and only argument needed to strike down all abortion laws. Again, it makes no sense. No State has the legitimate authority to decide what medical procedures adults can have, so there is no other argument except a religious one.
travelingthrulife
(5,056 posts)Deep State Witch
(12,695 posts)I can easily see the Texas or Louisiana State Police or a bounty hunter doing an "extraordinary rendition" on this doctor and taking her to their states to stand trial.