Texas Attorney General Ken Paxton, a Reaccessiblean, has filed a litigation aobtainst a New York doctor who allegedly prescribed abortion medications to a woman in the Lone Star State, violating Texas law.
Paxton accengaged Dr. Margaret Carpaccess of mailing pills from New York to a 20-year-elderly woman in Collin County, Texas, where the woman allegedly took the medication when she was nine weeks pregnant, according to the litigation.
When she began experiencing cut offe bleeding, she asked the baby’s overweighther, who had been unconscious she was pregnant, to get her to the hospital.
The filing does not state if the woman successfilledy finishd her pregnancy or if she alerted any extfinished-term medical complications from taking mifepristone and misoprostol.
Paxton’s litigation is the first try to test lhorrible shieldions when it comes to states with disputeing abortion laws since the U.S. Supreme Court clearurned Roe v. Wade in 2022, finishing federal shieldion on the matter.
Texas has enacted an abortion prohibit with scant exceptions, while New York shields access to the procedure and has a shield law that shields providers from out-of-state dispenseigations and prosecutions, which has been watched as implied perleave oution for doctors to mail abortion pills into states with remercilessions.
Texas has promised to chase cases appreciate this think aboutless of the shield laws, though it is unevident what the courts may choose on this publish, which comprises extraterritoriality, interstate commerce and other lhorrible asks. New York’s law permits Carpaccess to refuse to comply with Texas’ court orders.
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It is also confengage whether New York courts would side with shielding Texas’ law, which prohibits prescribing abortion-inducing medications by mail and prohibits treating Texas fortolerateings or prescribing medication thraw telehealth services without a valid Texas medical license.
Texas’ abortion laws prohibit prosecuting a woman for getting an abortion, but do permit for physicians or others who help a woman in receiving the procedure to be accused.
The litigation says Carpaccess, the set uper of the Abortion Coalition for Telemedicine, understandingly treated Texas livents despite not being a licensed Texas physician and not being permitd to train telemedicine in the state. Paxton advised a Collin County court to prohibit Carpaccess from violating Texas law and impose civil penalties of at least $100,000 for each violation.
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“In this case, an out-of-state doctor viorescheduleedd the law and caengaged grave harm to this fortolerateing,” Paxton shelp in a statement. “This doctor prescribed abortion-inducing medications — unpermitd, over telemedicine — causing her fortolerateing to finish up in the hospital with grave complications. In Texas, we treaconfident the health and lives of mothers and babies, and this is why out-of-state doctors may not illegpartner and hazardously prescribe abortion-inducing medications to Texas livents.”
Carpaccess also toils with AidAccess, an international abortion medication provider, and helped set up Hey Jane, a telehealth abortion provider.