New York Attorney General Leticia James is stepping into a Texas lawsuit aimed at the New York County Clerk, which could mark the first significant constitutional challenge to the telehealth abortion shield law.
“I’m intervening to defend the integrity of our court system against this blatant overreach,” James stated. “Texas has no jurisdiction over New York, and it’s inappropriate to impose harsh abortion restrictions here.”
In July, Texas Attorney General Ken Paxton filed a lawsuit against a deputy clerk in Ulster County, New York, who allegedly failed to submit a court summons to a doctor accused of sending abortion pills to a patient in Texas last year.
Bruck, the clerk, has opted not to enforce the Texas lawsuit concerning New York’s telehealth abortion shield law.
“I can’t say much due to the ongoing litigation, but I’m proud to be in a state like New York, where progressive laws like the Shield Act are being passed. I’m thankful that Attorney General Tish James is getting involved,” he remarked.
James formally notified Ulster County Supreme Court Judge David Gandin on Monday that she intends to “intervene in statutory rights” relating to the Texas case, thereby acting as another defendant in the matter.
A source familiar with the case commented, “If anyone is defending the nation in this scenario, it’s Tish James. She’s thorough and doesn’t leave anything to chance.”
James’s office plans to submit a written brief by September 19, along with further legal documents later in the month. They argue that Texas lacks the authority to compel New York courts to enforce punitive abortion laws, emphasizing that New York has the right to protect its residents, healthcare providers, and judicial system from external pressures.
In December, Paxton had already sued New York doctor Margaret Carpenter, leading to a Texas judge ordering him to pay $113,000 in fines and legal expenses.
Neither Carpenter nor her lawyer responded to the lawsuit or attended subsequent court hearings. Following this, Paxton’s office sought to have the Ulster County Clerk enforce the penalties against Carpenter in March.
Bruck declined to take action in this regard.
“Under the New York State Shield Act, I will not comply with this request or any similar demands that come to our office,” Bruck stated at the time.
In July, when Paxton’s office urged the county clerk to affirm the penalty and collection decision, Bruck again refused.
He noted that rejecting the request was final. “Resubmitting the same materials won’t alter the outcome,” he stated. “We might not understand how things work in Texas, but here in New York, when we say no, the matter is settled.”
Texas has enacted a near-total ban on abortions and imposed significant penalties for violations. Yet, abortions are still conducted in the state, largely due to the accessibility of mail-order abortion medications provided through telehealth services in states that have abortion protection laws.
Paxton’s lawsuit is part of a wider initiative by state Republicans to limit access to these medications.
There was no immediate response from Paxton’s office concerning requests for comments.
