In a first, a Galveston, Texas man is suing a California doctor in federal court for allegedly mailing his girlfriend abortion pills.
At issue is whether so-called “shield laws” protect an abortionist in a pro-abortion state—like California— when he mails abortion pills to someone in a pro-life state—like Texas.
“The lawsuit—a civil complaint filed in the federal court for the Southern District of Texas—accuses a physician named Remy Coeytaux of violating state and federal laws by mailing abortion pills to ‘murder’ the ‘unborn child’ of the plaintiff, Jerry Rodriguez,” Alejandra O’Connell-Domenech reported for The Hill.
Previous legal challenges were filed in state court. In 2024 Texas Attorney General Ken Paxton sued New York abortionist Margaret Carpenter “who mailed abortion pills –mifepristone–to a Texas woman who suffered complications, including bleeding severe enough to warrant emergency care,” Nancy Flanders reported.
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Earlier this month, for the second time, Acting Ulster County Clerk Taylor Bruck (New York) said he would not grant Texas’ motion that sought to enforce the order of State District Judge Bryan Gantt of Collin County District Court in Texas to Carpenter to pay a penalty of over $100,000 and to stop sending abortion pills into Texas. In March, Bruck had refused an initial request to file the judgment.
He was solidly backed by pro-abortion New York Gov. Kathy Hochul.
However, this case is very different. Filing the complaint in federal court offers a second front on which to test shied laws.
“Getting New York to enforce Texas’ judgement will likely take years, if it ever happens at all, in a case that many legal experts expect to go to the U.S. Supreme Court,” according to Eleanor Klibanoff of The Texas Tribune. “But a federal court wouldn’t need to involve state courts to enforce their judgment, possibly sidestepping that minefield.”
Rodriguez alleges that Coeytaux “mailed abortion pills to his girlfriend’s estranged husband in September 2024,” reported the Washington Post’s Praveena Somasundaram. “The pair were not divorced when Rodriguez and the woman began dating but were already legally separated, according to the lawsuit.”
According to the complaint, filed Sunday,
She allegedly used the medication to terminate a pregnancy that month, and later terminated a second pregnancy. Rodriguez says these abortions happened at the direction of his girlfriend’s estranged husband.
She is currently pregnant, the suit says, and Rodriguez fears that the husband “will again pressure [her] to kill [Rodriguez’s] unborn child and obtain abortion pills from Coeytaux to commit the murder.”
Rodriguez is asking a judge
to award him at least $75,000 in damages against Coeytaux for causing the “wrongful death of his unborn child.”
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Author: Dave Andrusko
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