Texas Attorney General Ken Paxton has filed a lawsuit against a New York county clerk for refusing to enforce a Texas court judgment against an abortionist who illegally mailed abortion drugs to a Texas resident.
The lawsuit is escalating a legal battle between the states’ conflicting abortion laws.
The lawsuit, filed Monday, targets Acting Ulster County Clerk Taylor Bruck, who has repeatedly declined to file a Texas court’s $100,000 penalty and permanent injunction against abortionist Margaret Carpenter, a New York-based seller of dangerous abortion pills. Paxton’s office alleges Carpenter violated Texas law by selling abortion pills via telemedicine to a 20-year-old woman in Collin County, resulting in the death of an unborn child and serious medical complications for the mother.
“Dr. Carpenter is a radical abortionist who must face justice, not get legal protection from New York liberals intent on ending the lives of as many unborn children as they can,” Paxton said in a statement. “No matter where they reside, pro-abortion extremists who send drugs designed to kill the unborn into Texas will face the full force of our state’s pro-life laws.”
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The Texas court ruled in December 2024 that Carpenter, who is not licensed to practice medicine in Texas, violated state laws prohibiting the provision of abortion-inducing drugs by mail or telemedicine without a Texas medical license. The ruling followed a civil lawsuit filed by Paxton after Carpenter failed to appear in court or respond to the allegations. A Texas judge ordered her to pay more than $100,000 in penalties and barred her from sending abortion drugs to Texas residents.
However, Bruck, citing New York’s abortionist shield law, has twice refused to file the Texas judgment in New York state court, which would authorize its enforcement. New York is one of 18 states with shield laws designed to protect abortionists from out-of-state legal actions.
“In accordance with the New York State Shield Law, I have refused this filing and will refuse any similar filings that may come to our office,” Bruck said in a statement.
Paxton’s latest legal action seeks a writ of mandamus from a New York court to compel Bruck to file the Texas ruling. The move sets up a clash between Texas’ abortion ban and New York’s protections for those who kill babies, a dispute legal experts say could reach the U.S. Supreme Court.
“In this case, an out-of-state doctor violated the law and caused serious harm to this patient,” Paxton said. “This doctor prescribed abortion-inducing drugs—unauthorized, over telemedicine—causing her patient to end up in the hospital with serious complications. In Texas, we treasure the health and lives of mothers and babies.”
New York officials, including Gov. Kathy Hochul and Attorney General Letitia James, have vowed to defend the state’s shield law.
The case has drawn attention to the growing interstate conflicts over abortion since the U.S. Supreme Court overturned Roe v. Wade in 2022. Earlier this year, a Texas judge ordered Carpenter to stop mailing abortion pills to Texas, reinforcing the state’s strict pro-life stance.
The lawsuit underscores Texas’ commitment to enforcing its pro-life laws, which Paxton’s office says are designed to protect unborn children and mothers from the dangers of unregulated abortion practices. As the legal battle continues, it highlights the deepening divide between states with opposing views on abortion access.
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Author: Steven Ertelt
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