Texas Attorney General Ken Paxton has taken the Lone Star State’s abortion battle to the national stage, suing a New York doctor for prescribing the abortion pill to an in-state resident.
New York’s state law protects doctors and providers providing abortion care from out-of-state investigations and prosecutions, making the Empire State a home base for companies shipping out the abortion pill to consumers around the country.
Paxton has accused Dr. Margaret Carpenter of mailing the pills to a Collin County resident who allegedly consumed the medication when she was nine weeks pregnant, reported The Texas Tribune. The lawsuit does not mention if the woman was successful in terminating her pregnancy.
Now Paxton is asking the county court to order Carpenter to pay $100,000 for every violation of the state’s near-total abortion ban. (Violators of the draconian abortion law could also serve up to life in prison and have their Texas medical license revoked.) The lawsuit is the first attempt to enforce a state abortion ban beyond its borders.
“Abortion is, and will continue to be, legal and protected in New York. As other states move to attack those who provide or obtain abortion care, New York is proud to be a safe haven for abortion access,” wrote New York Attorney General Letitia James in a statement responding to Paxton’s lawsuit. “We will always protect our providers from unjust attempts to punish them for doing their job and we will never cower in the face of intimidation or threats. I will continue to defend reproductive freedom and justice for New Yorkers, including from out-of-state anti-choice attacks.”
The two-drug prescription commonly referred to as the “abortion pill” is a mixture of mifepristone and misoprostol. The procedure accounts for more than half of all the abortions in the United States, according to a 2022 report by the Guttmacher Institute, and has become a crucial tool as abortion restrictions limit access to in-person medical visits. It is more than 95 percent effective at ending pregnancies when used before 10 weeks of pregnancy, according to statistics by the American College of Obstetricians and Gynecologists.
Access to mifepristone has become an increasingly fraught political issue in the years since the Supreme Court overturned Roe v. Wade in 2022. In October, the attorneys general of Kansas, Missouri, and Idaho—a cohort of states with some of the most draconian abortion restrictions in the nation—sued the federal government to limit access to the drug, arguing that the medication should be illegal for minors (misoprostol is fully legal as it is used for other treatments).
The suit also accused the Food and Drug Administration of having “unlawfully removed its prohibition against mailing abortion drugs,” allowing what the attorneys general described as a “a 50-state abortion drug mailing economy” to undermine their states’ abortion laws.
But their moral ground for pushing the ban was seemingly less focused on protecting children’s health than it was on actually creating more children, with the lawsuit detailing the (apparently) unfortunate ramifications that abortion access has on an (apparently) desirable conundrum: teenage pregnancy.
“This study thus suggests that remote dispensing of abortion drugs by mail, common carrier, and interactive computer service is depressing expected birth rates for teenaged mothers in Plaintiff States, even if other overall birth rates may have been lower than otherwise was projected,” the suit read on page 190.
The Supreme Court unexpectedly saved mifepristone access in June, when it unanimously ruled that a group of different plaintiffs, represented by the right-wing Christian legal group Alliance Defending Freedom, did not have legal standing to sue the FDA and that the legal organization had failed to demonstrate how its clients were personally harmed by the drug’s existence on the market.
By and large, most Americans support abortion access. In a 2023 Gallup poll, just 12 percent of surveyed Americans said that abortion should be illegal in all circumstances. Meanwhile, 69 percent believe that it should be legal in the first trimester of pregnancy.
This article has been updated.