A New York judge has dismissed a lawsuit from Texas Attorney General Ken Paxton seeking to enforce a $113,000 judgment against abortion provider Dr. Margaret Daley Carpenter for prescribing deadly abortion pills to Texans via telemedicine.
Ulster County Supreme Court Justice David M. Gandin ruled in favor of County Clerk Taylor Bruck, who refused to file the Texas judgment twice, citing New York’s so-called “shield law” that protects abortionists from out-of-state legal actions.
The case stems from Texas Governor Greg Abbott’s recent bill allowing private citizens to sue healthcare providers who prescribe or distribute abortion medication to or from the state.
Paxton argued that the U.S. Constitution’s Full Faith and Credit Clause requires states to honor valid judgments from sister states, potentially setting up a Supreme Court showdown.
However, Gandin sidestepped the constitutional question, ruling that Carpenter’s actions fall squarely under New York’s shield law as a “legally protected health activity.”
The judge described it as “the precise type of conduct the shield law was designed to protect.”
New York Attorney General Letitia James intervened to defend the shield law, declaring, “Texas has no authority in New York, and no power to impose its cruel abortion ban here.”
Bruck echoed the sentiment, speaking to the Times Union, calling the decision “refreshing” and praising New York’s legislature for passing the law, saying, “We’re fortunate to live in New York state and have a Senate and Assembly that had the foresight to pass the shield law. In this first test case, it worked exactly as intended.”
The Times Union reports:
Paxton’s attempt to reach across state lines marked the first major legal showdown over the constitutionality of telehealth shield laws, which have proliferated in states where abortion remains protected since the U.S. Supreme Court overturned Roe v. Wade in 2022. Gov. Kathy Hochul signed New York’s law in June 2023 and earlier this year approved another measure allowing New York doctors to prescribe abortion medication to out-of-state patients anonymously.
Under the law, state and local employees — including county clerks — are prohibited from using “time, moneys, facilities, property, equipment, personnel or other resources” in connection with out-of-state proceedings that seek to impose civil or criminal penalties for reproductive care that is legal in New York. Gandin’s decision is the first time a New York court has applied the shield law in an interstate challenge.
Texas has 30 days to appeal the ruling, though no plans have been announced yet.
This decision highlights the growing interstate battles over abortion rights, with blue states like New York shielding providers while red states like Texas fight to protect the unborn from chemical abortions.
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