A physician in New York has been charged with providing abortion pills across state lines to a Louisiana resident.
A state grand jury indicted the physician, Margaret Carpenter, M.D., as well as her practice last week. It appears to be the first time criminal charges were filed against an abortion care provider for sending pills to a state with an abortion ban. Medication abortions account for two-thirds of abortions in the U.S.
Telemedicine abortion shield laws were enacted by blue states after the overturning of Roe v. Wade. Today, eight states have them. They aim to protect providers prescribing and sending abortion pills to states with restrictions. The laws stipulate that local officials won’t cooperate with another state’s efforts to investigate or penalize their providers. As of mid-2024, medication sent by shield law providers accounted for 10% of abortions nationally.
New York's governor, Kathy Hochul, responded to the charges by saying she will “never, under any circumstances, turn this doctor over” to Louisiana. She pledged to protect the doctor and called her work “essential.”
The Louisiana case allegedly involves a minor whose mother ordered the abortion pills. The mother was also charged for aiding and abetting an abortion, which is illegal in Louisiana. The minor will not be charged, the district attorney said in an interview.
Carpenter is co-founder of the Abortion Coalition for Telemedicine, an advocacy group aiming to advance telemedicine abortion in all 50 states.
“Shield Laws across the country enable licensed healthcare professionals to successfully deliver reproductive healthcare to patients in underresourced areas nationwide. ACT stands behind these laws,” the group said in a statement. “This state-sponsored effort to prosecute a doctor providing safe and effective care should alarm everyone.”
Medication abortion involves two drugs, one of which is mifepristone. The drug has been caught in legal crosshairs over the past several years. In 2021, the FDA allowed for mifepristone to be obtained by mail. This was challenged in the Supreme Court, with the court ultimately siding with the FDA in 2024. However, last month, a federal judge known for conservative-friendly rulings allowed red states to revive the legal battle against the drug. After winning the 2024 election, Trump stated for the first time that it is unlikely he will restrict mifepristone.
Legal experts told The New York Times the Louisiana case is likely to end up in federal court and possibly the Supreme Court. Last December, a civil suit was filed against Carpenter by the Texas attorney general for allegedly prescribing and sending pills to a woman in Texas. That case was also reportedly among the first of its kind.