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Texas files first lawsuit against out-of-state abortion provider (New York)

zincwarrior

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Texas AG Ken Paxton has filed a civil action against a New York Doctor who prescribed and had mailed abortion pills to a woman in Texas who took them. New York has a shield law in place.
This will have interesting permutations not only for abortion but for other laws. If successful, could California sue gun companies for making firearms that are not permitted in Cali?

Texas Attorney General Ken Paxton has filed a lawsuit accusing a New York doctor of prescribing abortion drugs to a Texas resident in violation of state law.

This lawsuit is the first attempt to test what happens when state abortion laws are at odds with each other. New York has a shield law that protects providers from out-of-state investigations and prosecutions, which has served as implicit permission for a network of doctors to mail abortion pills into states that have banned the procedure.

Texas has vowed to pursue these cases regardless of those laws, and legal experts are divided on where the courts may land on this issue, which involves extraterritoriality, interstate commerce and other thorny legal questions last meaningfully addressed before the Civil War.

In this case, Paxton accuses Dr. Margaret Carpenter of mailing pills from New York to a 20-year-old woman in Collin County. The woman allegedly took the medication when she was nine weeks pregnant. When she began experiencing severe bleeding, the lawsuit says, she asked the man who impregnated her to take her to the hospital. He had not been aware she was pregnant or seeking an abortion, according to the filing.


The lawsuit does not say whether the woman successfully terminated her pregnancy or experienced any long-term medical complications. Mifepristone and misoprostol, the medications Carpenter is accused of sending, are more than 95% effective if taken before 10 weeks of pregnancy.

Paxton is asking a Collin County court to block Carpenter from violating Texas law, and order her to pay $100,000 for every violation of the state’s near-total abortion ban. Texas’ near-total abortion ban comes with up to life in prison, fines of at least $100,000 and the loss of a provider’s Texas medical license.

Carpenter is not licensed to practice in Texas, according to the complaint. She is the founder of the Abortion Coalition for Telemedicine, a national group that helps doctors in states with shield laws provide telemedicine consultations and abortion pills to patients in states that have banned abortions.
 
Texas AG Ken Paxton has filed a civil action against a New York Doctor who prescribed and had mailed abortion pills to a woman in Texas who took them. New York has a shield law in place.
This will have interesting permutations not only for abortion but for other laws. If successful, could California sue gun companies for making firearms that are not permitted in Cali?

I hope they tell that criminal Paxton to go **** himself.
 
Texas AG Ken Paxton has filed a civil action against a New York Doctor who prescribed and had mailed abortion pills to a woman in Texas who took them. New York has a shield law in place.
This will have interesting permutations not only for abortion but for other laws. If successful, could California sue gun companies for making firearms that are not permitted in Cali?

How does extradition work between states? Will state A honour a request from state B that involves something that isn't a crime in A?
 
How does extradition work between states? Will state A honour a request from state B that involves something that isn't a crime in A?
How does a Collin county court in texass enforce their bullshit in NY when NY has a specific law shielding its citizens from their bullshit?
 
Texas AG Ken Paxton has filed a civil action against a New York Doctor who prescribed and had mailed abortion pills to a woman in Texas who took them. New York has a shield law in place.
This will have interesting permutations not only for abortion but for other laws. If successful, could California sue gun companies for making firearms that are not permitted in Cali?


This sounds like an effort to revive the Comstock Act, which would not affect the gun industry.
 
How does extradition work between states? Will state A honour a request from state B that involves something that isn't a crime in A?
The shield law (I read it) specifically shields against extradition.

How does a Collin county court in texass enforce their bullshit in NY when NY has a specific law shielding its citizens from their bullshit?
I would think the local NY court will deny the action, and then the Texas AG will try to appeal to Fed Court. I guess...???
 
How does a Collin county court in texass enforce their bullshit in NY when NY has a specific law shielding its citizens from their bullshit?
Sounds like this doctor is safe, long as she doesn't go to Texas. Hopefully other sane states can protect their doctors too.
 
Texas AG Ken Paxton has filed a civil action against a New York Doctor who prescribed and had mailed abortion pills to a woman in Texas who took them. New York has a shield law in place.
This will have interesting permutations not only for abortion but for other laws. If successful, could California sue gun companies for making firearms that are not permitted in Cali?

It's an interesting case for sure.
 
Texas AG Ken Paxton has filed a civil action against a New York Doctor who prescribed and had mailed abortion pills to a woman in Texas who took them. New York has a shield law in place.
This will have interesting permutations not only for abortion but for other laws. If successful, could California sue gun companies for making firearms that are not permitted in Cali?

Paxton is an attention whore....and a scummy crook.
 
The shield law (I read it) specifically shields against extradition.


I would think the local NY court will deny the action, and then the Texas AG will try to appeal to Fed Court. I guess...???
If this doesn't work for them maybe they'll go after the US Post.
 
"The Comstock Act of 1873 is a series of current provisions in Federal law that generally criminalize the involvement of the United States Postal Service, its officers, or a common carrier in conveying obscene matter,[1] crime-inciting matter, or certain abortion-related matter.[2

...it criminalizes the use of the mail, a common carrier, or an interactive computer service in the conveyance of these materials. Since abortion pills like mifepristone are used in over 50% of American abortions,[8][9] the Comstock Act has been the focus of increased legal, political, and media attention as actors in the U.S. anti-abortion movement seek to utilize it to restrict abortion access in the United States following the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization (2022).
[10]"

Link
 
Sounds like this doctor is safe, long as she doesn't go to Texas. Hopefully other sane states can protect their doctors too.
I could not find if she would have to hire counsel to rep the claim in court, or automatic. I assume she has to pay for counsel.

Yes I had not thought about Comstock (looks at SCOTUS). Mmm...
 
Texas has no case. If I was that NY doctor, I would lmao at the absurdity of the lawsuit and at Texas itself. Then I'd send the TX AG a case of abortion pills with note reading, "come get some." 😆
 
Texas AG Ken Paxton has filed a civil action against a New York Doctor who prescribed and had mailed abortion pills to a woman in Texas who took them. New York has a shield law in place.
This will have interesting permutations not only for abortion but for other laws. If successful, could California sue gun companies for making firearms that are not permitted in Cali?


Excellent! Let's see what happens.
 
"The Comstock Act of 1873 is a series of current provisions in Federal law that generally criminalize the involvement of the United States Postal Service, its officers, or a common carrier in conveying obscene matter,[1] crime-inciting matter, or certain abortion-related matter.[2

...it criminalizes the use of the mail, a common carrier, or an interactive computer service in the conveyance of these materials. Since abortion pills like mifepristone are used in over 50% of American abortions,[8][9] the Comstock Act has been the focus of increased legal, political, and media attention as actors in the U.S. anti-abortion movement seek to utilize it to restrict abortion access in the United States following the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization (2022).
[10]"

Link

So then since these drugs also have other medical purposes, how do manufacturers get their products to doctors/patients? (Common carriers includes non-USPS carriers).
 
Texas AG Ken Paxton has filed a civil action against a New York Doctor who prescribed and had mailed abortion pills to a woman in Texas who took them. New York has a shield law in place.
This will have interesting permutations not only for abortion but for other laws. If successful, could California sue gun companies for making firearms that are not permitted in Cali?

Texas is going to lose this case. They have no way to compel the accused to come stand trial, nor pay any fine in absentia.
 
Texas AG Ken Paxton has filed a civil action against a New York Doctor who prescribed and had mailed abortion pills to a woman in Texas who took them. New York has a shield law in place.
This will have interesting permutations not only for abortion but for other laws. If successful, could California sue gun companies for making firearms that are not permitted in Cali?

This lawsuit will fail. Texas has no authority whatsoever to go after a company in New York.

Paxton is a criminal and belongs in a cell until the day he dies.
 
So then since these drugs also have other medical purposes, how do manufacturers get their products to doctors/patients? (Common carriers includes non-USPS carriers).

Well have to see what the courts say.
 
Texas is going to lose this case. They have no way to compel the accused to come stand trial, nor pay any fine in absentia.

Paxton is playing a longer game.
 
Sounds like this doctor is safe, long as she doesn't go to Texas. Hopefully other sane states can protect their doctors too.
Or travel to a state that might do Texas' bidding and extradite her....

I can Ohio's rabid Republicans' jumping on this bandwagon....
 
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