Over a dozen states led by Republicans are pushing Congress to prohibit the Abortion Shield Act. Various states that have legalized abortion have enacted laws that protect against liability claims suggesting that abortions violate local abortion regulations.
A group of 15 GOP attorneys general recently sent a letter, asserting that the proposed federal lawsuits should have priority over the Abortion Shield Act, which might restrict states’ abilities to enforce their criminal laws.
In their letter, the attorneys general explain that the law conflicts with the “full faith and credit” and extradition clauses of the Constitution.
“Congress really ought to step in to resolve this matter,” the letter states. “Rather than allowing pro-abortion states to undermine other states’ decisions and disregard the Constitution, Congress needs to evaluate if this issue should be governed by laws that take precedence over the state’s Shield Act.”
Notable signatories include Texas Attorney General Ken Paxton and Louisiana Attorney General Liz Maril. Both have pursued legal action against New York doctors who allegedly provided abortion medication to women in their states.
Texas and Louisiana have nearly total bans on abortion, with limited exceptions aimed at protecting the lives of pregnant individuals or preventing severe health issues.
In December, Paxton filed a lawsuit against a doctor named Margaret Carpenter, who supposedly sent abortion pills to a 20-year-old woman in Texas. A Texas judge ordered Carpenter to pay over $100,000 in fines for violating state abortion laws. Strangely, neither Carpenter nor her attorney appeared for hearings or engaged with Paxton’s case.
In Louisiana, a grand jury indicted Carpenter for allegedly mailing abortion drugs through telehealth shortly after new legislation classified such medications as controlled substances.
Months later, Maril revealed that her office had initiated investigations into doctors connected to Carpenter. This followed an incident in which a woman who received abortion medication had to be hospitalized.
New York’s Abortion Shield Act has effectively obstructed Texas and Louisiana from imposing penalties on Carpenter.
Paxton has made two attempts to compel New York County officials to enforce a civil judgment from Texas. The governor has filed a lawsuit against the clerk, seeking a mandamus order to ensure Carpenter pays the fines imposed by Texas.
