The indictment of a New York doctor in Louisiana has prompted Governor Kathy Hochul to propose a new bill that would protect doctors who send abortion pills across state lines. This marks the first time charges have been filed for sending an abortion pill to a banned state, highlighting the law’s effort to protect abortion rights amid shifting national legislation.
The legislation, which was implemented immediately on Feb. 3, will allow healthcare providers to omit their names from prescriptions and instead list the name of their practice. Aiming to protect providers from criminal charges, Hochul is also working on ensuring pharmacies comply with the new prescription labeling laws.
Dr. Margaret Carpenter faced charges for sending abortion pills under New York’s telemedicine shield law, which ensures that the state’s authorities will not assist other states in taking legal action against New York abortion providers. While shield laws have been implemented in eight states, the new law demonstrates the battle between states that try to expand abortion rights and those that aim to limit them.
Ever since the U.S. Supreme Court overturned Roe V. Wade in 2022, multiple states amended abortion rights after federal requirements were lifted. Since then, shield laws have proven effective for people seeking abortion care from states where it’s banned, making Hochul’s move more impactful in addressing the challenges posed by limited access to abortion care. State leaders have taken similar measures, such as North Carolina’s governor Josh Stein, who signed an executive order in January implementing protections similar to shield laws.
Despite Hochul’s new law, legal experts predict that Carpenter’s case could reach federal courts or even the Supreme Court. The case could take the national stage, with its decision potentially impacting how individuals with limited access to abortion care obtain it and whether criminal charges could be applied to those involved.
It is essential that states take the proper measures to protect individuals seeking abortion care, especially as the threat of abortion bans persists across the country.