A group of 16 Republican attorneys general asked Congress to ban abortion shield laws in Democratic states that protect healthcare providers from liability and prosecution for giving abortion services to residents from anti-abortion states.
The GOP officials called the shield laws “blatant attempts to interfere” with other states’ ability to ban or otherwise restrict abortion access. They alleged the laws specifically violate the Constitution’s full faith and credit clause, referring to how blue states do not give “full faith and credit” to the judicial proceedings in other states regarding abortion, and the extradition clause.
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The Constitution’s extradition clause is pertinent because Louisiana has tried to extradite a New York doctor who prescribed and mailed abortion pills to states with abortion bans. Texas is also seeking to hold the doctor accountable for the same reason.
“Congress should consider stepping in to remedy this problem,” the attorneys general wrote in a Tuesday letter addressed to bipartisan leadership in the House and Senate.
“Instead of allowing pro-abortion States to disrespect the decisions of other States regarding abortion and trample the Constitution, Congress should assess whether it should tackle this issue head-on with legislation that preempts state shield laws,” the letter says.
Among the letter’s signatories were Attorneys General Ken Paxton (R-TX) and Liz Murrill (R-LA), who have both taken legal action against Dr. Margaret Carpenter. Carpenter is accused of prescribing and mailing abortion pills to Texas and Louisiana, two states that have near-total abortion bans, with some exceptions.
Paxton is currently seeking to enforce a $100,000 fine and a permanent injunction against Carpenter after a Texas judge issued the civil judgment in February. However, New York has refused to cooperate, as its shield law excuses state officials from enforcing the Texas ruling.
Earlier this week, Paxton sued a New York county clerk who has repeatedly rejected his requests to enforce Carpenter’s fine and injunction.
Meanwhile, Murrill is actively seeking to criminally prosecute Carpenter for providing abortion medication to a Louisiana resident across state lines. Louisiana previously moved to extradite Carpenter after a grand jury indicted her, but Gov. Kathy Hochul (D-NY) vowed to never sign the extradition warrant. Louisiana is also investigating Carpenter over a separate instance of mailing abortion drugs into the state.
Tuesday’s letter alludes to Texas and Louisiana’s efforts to punish Carpenter.
“When New York or California refuses to respect a criminal prosecution or a civil judgment against an individual who is accused of violating the abortion laws of another State, they are refusing to give full faith and credit to that State’s judicial proceedings,” the letter says.
In the letter, Texas and Louisiana were joined by Arkansas, Alabama, Florida, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, Oklahoma, South Carolina, South Dakota, West Virginia, and Wyoming.
KEN PAXTON SUES NY CLERK TO ENFORCE TEXAS JUDGMENT OVER TELEHEALTH ABORTION PILL PRESCRIPTION
Pro abortion group Reproductive Freedom for All condemned the GOP states’ request to Congress.
“These Republican attorneys general are calling on Congress to criminalize modern medical care, rip apart state protections, and reach across borders to impose abortion bans on people living in states where abortion is legal,” President and CEO Mini Timmaraju said in a Wednesday statement. “These attacks are another step toward a national backdoor abortion ban.”