A county clerk in New York declined on Thursday to file a judgement exceeding $100,000 from Texas against a doctor accused of prescribing abortion pills to a woman near Dallas. This decision may lead to a challenge against laws intended to protect abortion providers serving patients in states with abortion restrictions.
A Texas judge recently ruled that Dr. Margaret Carpenter, a physician practicing north of New York City, must face penalties for allegedly violating state law by prescribing abortion medication through telemedicine. Last week, the Texas attorney general’s office took action by requesting a New York court to enforce a default civil judgement amounting to $113,000, which includes attorney and filing fees.
The acting Ulster County clerk has declined the request.
“In line with the New York State Shield Law, I have declined this filing and will continue to decline any similar filings that may be presented to our office.” “Due to the potential for additional legal proceedings stemming from this decision, I am unable to provide specific details regarding the matter,” stated Acting Clerk Taylor Bruck in a prepared statement.
Texas State Attorney General Ken Paxton expressed his outrage over the refusal and indicated that he would pursue further action.
“New York is undermining the Constitution to protect lawbreakers from facing justice, and this needs to stop,” Paxton stated on X. “I remain committed to upholding Texas’s pro-life laws that safeguard our unborn children and mothers.”
New York stands out as one of eight states that have implemented telemedicine shield laws. These laws have been viewed as a focal point for abortion opponents, particularly in light of the ongoing tensions between officials in New York and Texas.
Last month, Democratic New York Governor Kathy Hochul utilised her state’s shield law to deny a request from Republican Governor Jeff Landry for the extradition of Carpenter to Louisiana. The doctor faces charges related to prescribing abortion pills to a pregnant minor.
On Thursday, Hochul commended Bruck for his decision, stating, “New York is grateful for his courage and common sense.”
New York Attorney General Letitia James expressed her support for Bruck, stating that her office “will always defend New York’s medical professionals and the people they serve.”
Bruck stepped into the role of acting county clerk last year following a resignation and has received the endorsement of county Democrats for the upcoming election to the position. In his capacity as county clerk, he oversees the administrative aspects of court filings.
A request for comment was directed to Carpenter, co-medical director and founder of the Abortion Coalition for Telemedicine. In Texas, Carpenter failed to appear for a scheduled hearing in the ongoing case.
In Texas, a judge in Waller County has granted a temporary injunction that stops a network of clinics in the Houston area from reopening. State authorities have accused a midwife of conducting illegal abortions at the clinics she operated. A temporary restraining order that closed the clinics last week has now been extended by the ruling.
Maria Margarita Rojas faces charges from Paxton’s office for allegedly providing an illegal abortion and practicing medicine without a licence. In addition, two other individuals face charges. Authorities in Texas have filed criminal charges for the first time under the state’s near-total abortion ban.
The attorney general’s office has initiated legal action aimed at closing three clinics located northwest of Houston, which were operated by Rojas and are accused by authorities of conducting illegal abortion procedures.
