New York judge dismisses Texas case regarding protection law for abortion pills

Texas Lawsuit Against Abortion Provider Dismissed

On Friday, a Texas lawsuit aimed at holding clerks accountable for not enforcing a judgment against abortion providers was dismissed by a judge. The case centered around the Texas judgment involving Dr. Margaret Daley Carpenter.

County Supreme Court Judge David M. Gandin ruled in favor of Ulster County Clerk Taylor Brooke, who chose not to file the $113,000 judgment against Carpenter.

Texas Attorney General Ken Paxton, a Republican, attempted to send the judgment to Brooke’s office on two occasions, following a court subpoena. However, the clerk denied both requests, citing New York’s shield law that offers protections to abortion providers from legal repercussions and extradition orders.

Gandin stated that Carpenter’s actions were clearly within what constitutes “legally protected health activity,” indicating that her research was precisely what the law intended to safeguard.

Brooke described the judge’s ruling as “refreshing.” In a conversation with the Times Union, she expressed relief, stating, “This decision confirms what we have assumed all along: that we should not have filed the Texas decision. This law seemed obvious to us… but some people had questions about it because it wasn’t tested.”

This legal outcome follows New York Attorney General Letitia James’s intervention in the Texas lawsuit back in September to support the state’s shield law, emphasizing that Texas lacks authority in New York to enforce such harsh abortion restrictions.

Post-judgment, Brooke expressed gratitude for New York State’s protective measures for providers and those who uphold shield laws. She remarked, “We’re lucky to live in New York state and have a Senate and Congress that had the foresight to pass the shield law. In this first test case, it worked as intended.”

This year, Texas Governor Greg Abbott signed legislation enabling private citizens to sue health care providers distributing abortion pills.

In a response to the clerk, Paxton invoked the Constitution’s Full Faith and Credit Clause, suggesting that states must recognize the laws of other states. This led some to speculate that the case against Brooke could progress further, with reports indicating it may reach the Supreme Court.

However, Gandin dismissed this argument, noting that the Texas attorney general did not seek a “declaration of independence” regarding the constitutionality of the shield law.