A New York judge on Friday rejected a Texas lawsuit seeking enforcement civil judgment over $100,000 against a doctor accused of prescribing abortion pills to a Dallas woman in the first test of a state “safeguard law” designed to protect health care providers.
Republican Texas Attorney General Ken Paxton wanted a New York court to enforce a Texas civil judgment against Dr. Margaret Carpenter, who practices north of New York in Ulster County, for allegedly prescribing abortion drugs via telemedicine.
But Acting Ulster County Clerk Taylor Brooke refused file the decision, saying he was a government employee who had to comply with New York's Shield Law, which protects service providers from influence from other states.
New York is at least one of the eight states with shield laws. Opponents of these laws argue that they violate the constitutional requirement that states respect the laws and court decisions of other states.
Judge David Gandin ruled that Bruck followed New York state law and granted his motion to dismiss the Texas petition. The judge sitting in Kingston wrote that the medical services Carpenter provided were legal in New York and that they “fully fell within the definition of 'lawfully protected medical practice'” under the state's shield law.
Brook said he was relieved.
“It seemed very clear to me that as a public servant I should not comply with this,” he said. “Since there hasn’t been a precedent for a shield law, it’s great to set this precedent.”
It is unclear whether the trial judge's decision will be appealed. An email was sent to Paxton's office seeking comment.
In February, a Texas judge ordered Carpenter to pay more than $100,000 in fines for prescribing abortion pills to a woman near Dallas after she failed to appear in court. The judge also issued an injunction preventing Carpenter from prescribing abortion drugs to Texas residents.
The decision in Texas was issued the same day. New York Gov. Kathy Hochul rejected Louisiana's request to extradite Carpenter, who was charged in that state with prescribing abortion pills pregnant minor.
Gandin also rejected a request by Democratic New York State Attorney General Letitia James to intervene in the case, which could have escalated the interstate legal battle. The judge said her intervention was not warranted because the constitutionality of New York's shield law was not in question in this case.
