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David Zimmermann


NextImg:James intervenes in Texas lawsuit over NY abortion shield law

New York Attorney General Letitia James indicated on Monday that she is intervening in a lawsuit filed by her Texas counterpart, who is suing a New York county clerk for refusing to enforce a judgment against an abortion provider operating in the Empire State.

The legal battle is set to test the legality of New York’s abortion shield law, which prevents other states from suing or prosecuting abortion providers in New York. James will defend the constitutionality of the state’s shield law against what she calls “blatant overreach.”

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“Texas has no authority in New York, and no power to impose its cruel abortion ban here,” she said in a statement. “Our shield law exists to protect New Yorkers from out-of-state extremists, and New York will always stand strong as a safe haven for health care and freedom of choice. I will fight every last attempt to roll back our rights and turn back the clock on reproductive freedom.”

Ulster County Clerk Taylor Bruck twice declined to file a summary judgment and court summons against Dr. Margaret Carpenter, who lost a civil lawsuit in March. The judgment involved a $100,000 penalty and a permanent injunction prohibiting her from sending abortion drugs to Texas patients.

Carpenter, a founder of the Abortion Coalition for Telemedicine Access, allegedly prescribed and mailed abortion pills to a patient in Collin County, Texas. She did not have a medical license in Texas.

In July, Texas Attorney General Ken Paxton took legal action against Bruck for failing to enforce the court order against Carpenter.

In a letter to the Ulster County Supreme Court, James said she will file written arguments in the case by Sept. 19. She is expected to maintain the legality of New York’s abortion laws.

Paxton, confident in his argument, responded forcefully to the Democratic attorney general’s intervention.

“Letitia James is a lawless abortionist who is obsessed with killing babies and weaponizing her office for her political career,” he wrote on X. “I will defeat her in court.”

Like James, Gov. Kathy Hochul (D-NY) defended New York against out-of-state litigation and prosecution regarding the abortion case. When Gov. Jeff Landry (R-LA) signed a warrant for Carpenter’s arrest in February, Hochul denied the request. Carpenter faces criminal charges in Louisiana for providing abortion pills across state lines, while her case in Texas was a civil matter.

KEN PAXTON SUES NY CLERK TO ENFORCE TEXAS JUDGMENT OVER TELEHEALTH ABORTION PILL PRESCRIPTION

Monday’s action filed by James comes days after Texas lawmakers passed a bill enabling private citizens to sue out-of-state abortion providers who send abortion pills to patients in Texas, where abortion faces a near-total ban. Gov. Greg Abbott (R-TX) is expected to sign the bill into law.

Shield laws are strongly opposed by Republicans. In late July, 16 GOP attorneys general signed a letter asking Congress to ban shield laws in blue states. New York is one of eight states that have passed such a law since the Supreme Court reversed Roe v. Wade in 2022.