A red versus blue state abortion conflict is established by the lawsuit filed by Texas AG.

States with protections for the unborn face off against states with abortion 'shield' laws in lawsuit.

A red versus blue state abortion conflict is established by the lawsuit filed by Texas AG.
A red versus blue state abortion conflict is established by the lawsuit filed by Texas AG.

A New York-based abortionist is being sued by Texas Attorney General Ken Paxton for breaking Texas law by sending abortion drugs into the state.

Gov. Hochul of New York is opposing the idea of an "abortion civil war" scenario, arguing that a recently passed "shield law" safeguards abortion providers from legal action in other states.

The Texas woman was harmed by an out-of-state doctor who prescribed abortion-inducing drugs, prompting Paxton to launch a lawsuit. In Texas, the health and lives of mothers and babies are valued, and out-of-state doctors cannot illegally and dangerously prescribe such drugs to residents.

A lawsuit filed in the federal District Court for Collin County alleges that New York abortionist Dr. Margaret Carpenter broke Texas law and endangered a 20-year-old Texas woman by illegally shipping drugs into the state without first conducting an in-person examination of the woman to determine the gestational age of her baby.

Paxton presser
Texas Attorney General Ken Paxton speaks at a news conference in Dallas on June 22, 2017. (AP Photo/Tony Gutierrez, File)

Chemical abortions, which make up over 60% of U.S. abortions, have a risk of severe complications and infection in some cases. However, the Biden administration has permanently eased restrictions on chemical abortion, allowing the drugs to be prescribed via telemedicine, shipped through mail, and purchased at retail pharmacies such as CVS and Walgreens.

Despite some states, such as Texas, still prohibiting the distribution of chemical abortion via mail or without a doctor's consultation, others have lifted these restrictions.

A 20-year-old Texas woman who got abortion pills from Carpenter was admitted to a hospital due to severe bleeding caused by the drugs, as per the Paxton lawsuit.

"The suit alleges that Carpenter, a carpenter, provided abortion-inducing drugs to a pregnant woman in Collin County, resulting in an adverse event or abortion complication and ultimately leading to a medical abortion. The suit also claims that Carpenter's actions were a violation of Texas law, putting women and unborn children in Texas at risk."

Drug bottles
Bottles of abortion pills mifepristone, left, and misoprostol, right, at a clinic in Des Moines, Iowa, Sept. 22, 2010. (AP Photo/Charlie Neibergall)

The suit seeks civil penalties and a permanent injunction to prevent Carpenter from sending more abortion drugs to Texas women.

The "shield" law in New York state protects abortion providers from prosecution for prescribing abortion pills in states where it is illegal, making it the first legal challenge to be launched by a state pitting one set of abortion laws against another.

New York Governor Hochul stated that she would take all necessary actions to uphold the laws of her state in response to the Texas lawsuit.

"She stated that no doctor should be penalized for giving required care to their patients. She also emphasized that New York will continue to be a haven for those seeking abortion care and will safeguard the reproductive rights of all its residents, in opposition to Texas' efforts to restrict women's rights."

Hochul at a press conference
Gov. Kathy Hochul speaks during a press announcement at the Governor's office in New York on 3rd Avenue on Nov. 14, 2024. (Lev Radin/Pacific Press/LightRocket via Getty Images)

Experts believe the Texas challenge could eventually be bound for the Supreme Court.

The pro-life group Students for Life Action's vice president of media and policy, Kristi Hamrick, expressed her hope that the Texas lawsuit on national safeguards on abortion pills would reach the Supreme Court, allowing it to re-evaluate the question of such safeguards.

Despite the Supreme Court's decision to not reinstate abortion pill restrictions in AHM v. FDA, they left the door open for future cases to restore safeguards.

"The Supreme Court did not declare that the pills were without any issues, and they could be sold as they were. Instead, they stated that the case needed to be re-examined because the victims lacked 'standing,' as defined by the court."

Abortion showdown at Supreme Court
Anti-abortion and pro-abortion rights activists are separated by a barrier as they protest outside the Supreme Court building, ahead of arguments in the Mississippi abortion rights case Dobbs v. Jackson Women's Health, in Washington, Dec. 1, 2021. (REUTERS/Jonathan Ernst)

"The three states have already joined in stating that they have standing because they are victims of higher emergency room bills due to these pills. The state has the right to defend its laws, and therefore, it has the right to defend itself and its laws, as well as the laws of its citizens and representatives. Thus, they have standing."

The Students for Life Action has launched a challenge against abortion pills by introducing a citizen petition. The petition calls on the FDA to halt its plans to expand the use of abortion drugs for treating miscarriages until the agency reevaluates the contamination of the nation's water supply caused by these pills.

"The Biden-Harris administration's COVID response essentially granted a de facto right to pollute, and the pathological medical waste from abortion pills is contaminating the water supply across America. However, conflating abortion and miscarriage and distributing these drugs without environmental assessments and health and safety considerations is reckless and dangerous, and this is a federal issue."

by Peter Pinedo

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