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

[Phys251]

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?

Ken Paxton sues New York doctor accused of prescribing abortion pills to Texas woman

This case sets up a legal battle between Texas’ near-total abortion ban and New York’s shield law that protects doctors from out-of-state prosecution.

www.texastribune.org

Ken Paxton can go **** himself. New York is not under his jurisdiction.

 

[Pyrite]

They should dismiss it outright.

I wouldn't count on trump-appointed judges' doing that. Maybe not some appointed by dubya and other Republican Presidents.

And if it goes to the Republican Six on SCOTUS, all bets are off, imo.

 

[Pyrite]

Ken Paxton can go **** himself. New York is not under his jurisdiction.

Yet.

 

[Peter]

So, does this mean states can pass any stupid law and just sue any American for not following it?

 

[Pyrite]

So, does this mean states can pass any stupid law and just sue any American for not following it?

Maybe not yet, but you never know what rabid-right-wing Republican state officials will do. And what rabid-right-wing Republican judges will allow.

One thing we do know: rabid-right-wing Republican MAGA voters will think everything done and not done by the above is peachy and will not hold them accountable in any way at the ballot box.

 

[Lursa]

Well have to see what the courts say.

Well I'm asking about now. The Comstock Law is in effect...and such drugs are shipped and available, right? That federal law seems clear. Doesnt it?

 

[noonereal]

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?

Ken Paxton sues New York doctor accused of prescribing abortion pills to Texas woman

This case sets up a legal battle between Texas’ near-total abortion ban and New York’s shield law that protects doctors from out-of-state prosecution.

www.texastribune.org

Sick bitches.

 

[Pyrite]

Well I'm asking about now. The Comstock Law is in effect...and such drugs are shipped and available, right? That federal law seems clear. Doesnt it?

Yes, but here's the big IF: The Republican Six can come up with a radically-different interpretation anytime it wants to do so. We know only too well that there's little respect for stare decisis.

 

[Lursa]

Or travel to a state that might do Texas' bidding and extradite her....

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

The TX laws dont target pregnant women specifically, I dont believe. As in other states, the criminal charges are for providers, and then there is the bounty for those that "assist" them in getting an abortion. So "having" an abortion inside TX or out, is not a crime AFAIK. That's why they want to stop the pills.

 

[Lursa]

Yes, but here's the big IF: The Republican Six can come up with a radically-different interpretation anytime it wants to do so. We know only too well that there's little respect for stare decisis.

Based on that federal law, it's already illegal to ship those "abortion" drugs. Why isnt it enforced?

My guess is because the drugs also have other medical purposes. Until the post RvW witch hunts, they were probably just considered regular medications. And that could protect them from future ban attempts as well. But I dont have that info.

 

[dseag2]

I'm a Texan. Paxton is a slime ball and he is just posturing for his base. Nothing will come of this.

 

[maquiscat]

If successful, could California sue gun companies for making firearms that are not permitted in Cali?

No because for that parallel to work, Texxas would have to be suing the manufacture of the abortion pill, not the doctor who prescribed it. And actually most important is the fact of it being mailed to her in Texas. So for the parallel to work, CA would have to sue the business/person who sold and mailed the gun to the person in CA, not the gun company.

 

[maquiscat]

I wouldn't count on trump-appointed judges' doing that. Maybe not some appointed by dubya and other Republican Presidents.

And if it goes to the Republican Six on SCOTUS, all bets are off, imo.

Given the number of times that Kavanaugh, and others, have ruled opposite of what Trump wanted, I wouldn't be too sure.

 

[mrjurrs]

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?

Not likely.

 

[rahl]

Not likely.

This is a civil suit. Extradition doesn’t apply at all.

 

[WorldWatcher]

This is a civil suit. Extradition doesn’t apply at all.

And even if Texas gets a ruling in absentia against the doctor, it will be difficult for Texas to collect or have an impact on the New York Doctors license.

New York has a shield law.

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New York Times: New York Passes Bill to Shield Abortion Providers Sending Pills Into States With Bans

The New York State Legislature gave final approval on Tuesday to legislation that provides legal protection for New York doctors to prescribe and send abortion pills to patients in states that have outlawed abortion.The measure, along with similar new laws in several other states controlled by...

www.nysenate.gov

 

[coyote505]

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 extradition request might be denied as being against the public policy of the state being asked to extradite. This has happened before.