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abortion
Attacks on Shield Laws Ramp Up as NY Doctor Fined $100,000 for Providing Abortion in Texas
The Louisiana attorney general also tried to extradite the physician for sending medication abortion pills to a patient in the state.
Feb 14, 2025
Republican-controlled states' testing of abortion rights "shield laws" that have been passed in eight states in recent years ramped up on Thursday as a judge in Texas ordered a New York doctor to pay more than $100,000 in fines and fees for prescribing medication abortion pills to a 20-year-old woman in the Dallas area last year.
On the same day, the physician, Dr. Margaret Daley Carpenter of the Abortion Coalition for Telemedicine (ACT), was subject to a demand for extradition to Louisiana after a state grand jury last month indicted her for mailing misoprostol and mifepristone, pills that are used in a majority of abortions in the U.S., to the state.
The charges in Louisiana are the first criminal charges filed against an abortion provider in a state with a shield law, which bar officials and agencies from cooperating with lawsuits and prosecutions against healthcare professionals who send abortion pills to patients in states that ban abortion care. The laws have been passed as advocates in states where abortion care remains legal fight to ensure Americans across the country can still obtain care after the U.S. Supreme Court's overturning of Roe v. Wade in 2022.
Texas Attorney General Ken Paxton did not file criminal charges against Carpenter, but accused her in a lawsuit of violating the state's near-total abortion ban by providing the medication to a resident through the mail.
In the country's first ruling on a case involving a shield law, State District Judge Bryan Gantt ordered Carpenter to pay $100,000 in fines and $13,000 in attorneys' and other fees. He also ruled that Carpenter, who did not attend Thursday's court proceedings, "is permanently enjoined from prescribing abortion-inducing drugs to Texas residents."
Violating the ruling could result in a jail sentence for Carpenter.
Despite the ruling, ACT executive director Julie Kay toldThe Associated Press on Thursday that "patients can access medication abortion from licensed providers no matter where they live."
"ACT has and continues to stand behind New York and other shield laws across the country that enable the distribution of safe and effective telemedicine abortion care."
In December, ACT said medication abortion pills, which have been approved by the Food and Drug Administration since 2000 and have "been proven safe and effective globally for decades," are "an essential part of women's healthcare."
The Texas case is expected to eventually reach the U.S. Supreme Court, where the right-wing majority could rule against legal protections for abortion providers who provide telemedicine for out-of-state patients—even as Republicans including President Donald Trump claim they believe abortion law should be left up to the states.
In Louisiana, Carpenter was indicted for allegedly violating the state's near-total abortion ban by sending pills for a girl who reportedly then experienced a medical emergency. The patient's mother has also been charged. If convicted, Carpenter could face up to 15 years in prison.
Republican state Attorney General Jeff Landry demanded her extradition to Louisiana, but New York Gov. Kathy Hochul, a Democrat, said Thursday that she "will not be signing an extradition order that came from the governor of Louisiana. Not now, not ever."
ACT said Thursday that "ongoing attempts by anti-abortion state officials to restrict access to abortion care are inconsistent with New York state law."
"ACT has and continues to stand behind New York and other shield laws across the country that enable the distribution of safe and effective telemedicine abortion care," said the group.
The Texas case also reflects a dynamic that could lead to new prosecutions against abortion providers: those resulting from legal challenges filed by men whose partners receive abortion care.
In the case of the 20-year-old Texas resident, the patient was taken to a hospital in July by a man identified in legal filings as the "biological father of her unborn child."
After the man "started to suspect" the patient had used abortion pills and found the medications that had been prescribed by Carpenter and ACT, he "filed a complaint with the Texas attorney general's office."
The New York Timesreported that with Texas Right to Life, several men plan to file wrongful death lawsuits in the coming weeks against doctors and others who assisted their female partners in obtaining abortion care.
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Dem Lawmakers Introduce 'Contraception Begins at Erection' Bills in Multiple States
"If you think it's absurd to regulate men, then you should think it's equally absurd to regulate women," said the author of an Ohio bill, who is also an OB-GYN.
Feb 11, 2025
Faced with relentless Republican attacks on reproductive freedom including efforts to give embryos and fetuses legal rights from the moment of conception, Democratic lawmakers in two states have recently introduced legislation that would ban men from ejaculating for purposes other than making babies, with some exceptions.
Last month, Mississippi state Sen. Bradford Blackmon (D-21) introduced S.B. 2319, the Contraception Begins at Erection Act, which would "make it unlawful for a person to discharge genetic material (sperm) without the intent to fertilize an embryo, effectively criminalizing certain male reproductive behaviors," according to an official artificial intelligence summary of the proposal. The bill—which died in committee last week—contains exceptions for "genetic material donated or sold to a facility for future embryo fertilization, and genetic material discharged using a contraceptive method intended to prevent fertilization."
"If you're going to penalize someone for an unwanted pregnancy, why not penalize the person who is also responsible for the pregnancy?"
"All across the country, especially here in Mississippi, the vast majority of bills relating to contraception and/or abortion focus on the woman's role when men are 50% of the equation," Blackmon explained, according toNBC News. "This bill highlights that fact and brings the man's role into the conversation. People can get up in arms and call it absurd but I can't say that bothers me."
Meanwhile in Ohio, state Reps. Dr. Anita Somani (D-11) and Tristan Rader (D-13) have introduced their own Contraception Begins at Erection Act, which would fine violators $10,000 per unauthorized discharge, with exceptions for when contraception is used during sex, or in cases of masturbation, and sex between members of the LGBTQ+ community.
"If you're going to penalize someone for an unwanted pregnancy, why not penalize the person who is also responsible for the pregnancy?" Somani, who is also a licensed OB-GYN, asked in an Ohio Capital Journal article published Sunday. "You don't get pregnant on your own."
Every Sperm is sacred! #equalrights #reproductiverights
[image or embed]
— Anita Somani District 8 OH ( @anitamd.bsky.social) February 4, 2025 at 5:19 PM
Responding to Republicans who have called her bill "absurd," Somani said, "If you think it's absurd to regulate men, then you should think it's equally absurd to regulate women."
While observers have questioned the seriousness of these bills—and with Somani and others giving nods to a famous number in Monty Python's 1983 black comedy The Meaning of Life—they come at a nadir for reproductive freedom in the United States.
Since the right-wing U.S. Supreme Court canceled half a century of federal abortion rights in the 2022 Dobbs v. Jackson Women's Health Organization ruling, a dozen states including Mississippi have also passed near-total abortion bans, while numerous other states have enacted restrictions on the procedure.
Eight states have also enacted or proposed restrictions on access to contraception, according to the Guttmacher Institute. Last year, Senate Republicans blocked consideration of the Right to Contraception Act. Republican President Donald Trump has signaled support for federal restrictions on contraception, and far-right U.S. Supreme Court Justice Clarence Thomas has suggested that the tribunal "should reconsider" past rulings upholding the right to birth control.
In Ohio, voters decisively enshrined abortion rights in the state constitution via a 2023 ballot measure. Nevertheless, anti-abortion activists haven't given up—Republican activist Austin Beigel told the Capital Journal that GOP lawmakers are preparing to introduce legislation for a total abortion ban in the coming weeks.
"It just says human life begins at conception," he explained. "Therefore, all the protections that are offered to other people under the state law are also offered to the pre-born."
This isn't the first time that semi-satirical legislation has been introduced to highlight the hypocrisy of banning women from controlling their bodies. In 2019, a Democratic state lawmaker in Georgia introduced a "Testicular Bill of Rights" that would, among other things, have required men to get permission from their sexual partners before obtaining erectile dysfunction medication and enacted a 24-hour "waiting period" for men who want to buy porn or sex toys.
Correction: This article orginially said the "Every Sperm Is Sacred" song is from Monty Python's 1979 dark comedy The Life Of Brian. It is, in fact, from the 1983 Monty Python film The Meaning of Life. The author—who still considers The Holy Grail the finest comedy ever made—apologizes for the error.
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Indiana Doctors Sue to Protect Reports That Could ID Abortion Patients
"We are once again in court defending our patients and their right to privacy," the two doctors said.
Feb 10, 2025
Two Indiana OB-GYN physicians, Caitlin Bernard and Caroline Rouse, filed a lawsuit in Marion County Superior Court last week in an effort to halt the Indiana Department of Health from publicly releasing "terminated pregnancy reports," documents that physicians are required to submit in connection with every abortion performed in the state.
Specifically, the plaintiffs want the court to rule that the terminated pregnancy reports submitted to IDOH are exempt from disclosure under Indiana's Access to Public Records Act.
"We are once again in court defending our patients and their right to privacy," Bernard and Rouse said in a joint statement, according to The Hill.
"Everyone receiving medical care deserves to have their personal health decisions and pregnancy outcomes protected. There is no reason to release this sensitive information to the public. We will keep fighting to protect patients' privacy and the trust between doctors and patients," they wrote.
Bernard made headlines in 2022 after she performed an abortion for a 10-year-old Ohio girl who had been raped and shared that information with a reporter.
The terminated pregnancy reports don't include a patient's name, but they do include other information such as the patient's age, race, and the county where they live, as well as the name of the physicians performing the abortion.
In January 2024, following the state's imposition of a near-total abortion ban, IDOH decided it would no longer release individual terminated pregnancy reports, opting instead to release quarterly aggregated reports.
The number of abortions in the state dropped off sharply after the ban went into effect in August 2023, and "due to the small number and increased reporting requirements, the agency had concerns about violating patient confidentiality by releasing full individual records," according to The Indiana Capitol Chronicle. In particular, there was concern that there was enough information about patients that it would be possible to figure out their identity.
An anti-abortion group, Voices for Life, then sued the state seeking access to the individual reports. That case was dismissed by a Marion County judge in September 2024, and Voices of Life said it would appeal. But then in January 2025, Republican Indiana Gov. Mike Braun issued an executive order declaring the reports to be public.
IDOH entered into a settlement with Voices of Life to release the reports on February 3. Under the terms of the settlement, IDOH agrees to make redactions to the reports that "adequately protect personal health identifiers and that do not inhibit examination of the terminated pregnancy reports to determine whether a physician performed an abortion in accordance with Indiana law," per the Capitol Chronicle.
The court has set a hearing to consider the latest suit brought by Bernard and Rouse on Tuesday, according to the Capital Chronicle.
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