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abortion rights
Texas Lawsuit Against New York Doctor Tests Abortion Provider Shield Laws
"It is important to remember that Dr. Carpenter did nothing wrong," said one legal expert. "Texas is trying to apply its laws extraterritorially."
Dec 13, 2024
"Time for shield laws to hold strong," said one reproductive rights expert on Friday as Texas Attorney General Ken Paxton announced a first-of-its-kind lawsuit against an abortion provider in New York.
Paxton is suing Dr. Margaret Daley Carpenter, co-founder of the Abortion Coalition for Telemedicine (ACT), for providing mifepristone and misoprostol to a 20-year-old resident of Collin County, Texas earlier this year.
ACT was established after the U.S. Supreme Court overturned Roe v. Wade in 2022, with the intent of helping providers in "shielded states"—those with laws that provide legal protection to doctors who send abortion pills to patients in states that ban abortion, as Carpenter did.
New York passed a law in 2023 stipulating that state courts and officials will not cooperate if a state with an abortion ban like Texas' tries to prosecute a doctor who provides abortion care via telemedicine in that state, as long as the provider complies with New York law.
Legal experts have been divided over whether shield laws or state-level abortion bans should prevail in a case like the one filed by Paxton.
"What will it mean to say for the GOP to say abortion should be left to the states now?"
"It is important to remember that Dr. Carpenter did nothing wrong," said Greer Donley, a legal expert and University of Pittsburgh law professor who specializes in reproductive rights. "She followed her home state's laws."
The Food and Drug Administration also allows telehealth abortion care, "finding it safe and effective," Donley added. "Texas is trying to apply its laws extraterritorially."
In the Texas case, the patient was prescribed the pills at nine weeks pregnant. Mifepristone and misoprostol are approved for use through the 10th week of pregnancy and are more than 95% effective.
The patient experienced heavy bleeding after taking the pills and asked the man who had impregnated her to take her to the hospital. The lawsuit suggests that the man notified the authorities:
The biological father of the unborn child was told that the mother of the unborn child was experiencing a hemorrhage or severe bleeding as she "had been" nine weeks pregnant before losing the child. The biological father of the unborn child, upon learning this information, concluded that the biological mother of the unborn child had intentionally withheld information from him regarding her pregnancy, and he further suspected that the biological mother had in fact done something to contribute to the miscarriage or abortion of the unborn child. The biological father, upon returning to the residence in Collin County, discovered the two above-referenced medications from Carpenter.
In the lawsuit, Paxton is asking a Collin County court to block Carpenter from violating Texas law and order her to pay $100,000 for each violation of Texas' near-total abortion ban.
Carpenter and ACT did not immediately respond to a request for comment on the case.
Caroline Kitchener, who has covered abortion rights for The Washington Post, noted that lawsuits challenging abortion provider shield laws were "widely expected after the 2024 election."
President-elect Donald Trump has said abortion rights should be left up to the states, but advocates have warned that the Republican Party, with control of the White House and both chambers of Congress, is likely to push a national abortion ban.
"The truce over interstate abortion fights is over," said legal scholar Mary Ziegler, an expert on the history of abortion in the U.S. "Texas has sued a New York doctor for mailing pills into the state; New York has a shield law that allows physicians to sue anyone who sues them in this way. What will it mean for the GOP to say abortion should be left to the states now?"
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As Always, It’s Up to Us: Questions for a Second Trump Presidency
As a scholar of social movements in the United States, I look to what the activists of the past show us: Justice doesn’t come from the White House. It comes from the people.
Nov 06, 2024
Former U.S. President Donald Trump won a second term. Handily. I see, already, the overwhelming dread flooding my social media. After all, Americans elected a man who has bragged about grabbing women by the pussy, who has bred fear and hatred toward Central American migrants, who has pledged to undo any climate protections he can get his grubby little orange hands on, who oversaw the eradication of abortion rights, who has praised white supremacist, antisemitic marchers as “very fine people,” and who fostered an insurrection. Again.
Knowing this, what do we do next?
As a scholar of social movements in the United States, I look to what the activists of the past show us: Justice doesn’t come from the White House. It comes from us.
In 1977, dozens of disabled activists occupied a federal building in San Francisco, demanding that the Carter administration enforce Section 504 of the Rehabilitation Act of 1973. Section 504 was the first piece of federal legislation that prohibited discrimination against people with disabilities, yet four years after its passage, the law just sat on the books with no regulation to power it. Disabled protestors camped out for 26 days, supported by a coalition of labor, queer, and Black groups—most importantly, the Black Panther Party, who fed the protestors warm food every single day. Eventually, the administration relented, vowing to regulate Section 504. If you know a child who has benefited from a 504 plan in school, that wasn’t because of the goodness of the government’s heart but because of the sweat, the joy, and the organizing of a group of disabled activists and their allies in the Bay Area.
There are countless examples before and after 1977 of tireless activists creating the world they want to live in despite the apathy of their government. And we can continue to follow their roadmap today by building the worlds we want to live in, we want to grow families in, without the permission of the electorate.
Here are some questions to guide us.
The Trump campaign mobilized its base by villainizing some of the most vulnerable youth, transgender, and non-binary kids, as symbols of a decaying world order. Knowing that, how are we going to uplift gender-non-conforming kids in our communities? Who are we going to elect to school board that will affirm trans kids’ dignity and protect their privacy? How are we going to open our homes to queer and trans youth who are rejected from their families? How are we going to build spaces for kids to explore their gender with love and curiosity?
The reality is, these are the same questions we should have been asking ourselves even if Kamala Harris had won the presidency.
The president-elect has been recorded bragging about touching women’s genitals without their consent, was found liable for sexual assault, and ushered in the end of Roe v Wade. Knowing that, how are we going to raise children with confidence in their bodily autonomy—and respect for others? How are we going to create reporting structures in our workplaces and schools that believe and support survivors? How can we move toward restorative justice practices that prioritize the healing of survivors and communities and prevent further harm? How are we going to mobilize to ensure every person has access to safe abortion care, no matter what state they live in, whenever it is needed?
The Trump campaign promised mass deportations, characterized immigrants as criminals, and admitted to spreading false claims about immigrants eating pets. Knowing this, how we do build communities that welcome immigrants, refugees, and asylum seekers? How do we amplify stories that illustrate the humanity of brown and Black immigrants? How do we advocate local governments for policies that protect our neighbors from deportations and criminalization? How do we teach our children to welcome new cultures and traditions rather than fear the unknown?
The Trump campaign has vowed to undo the minimal environmental protections we had. Knowing that, how are we going to ensure that our cities don’t dump environmental disasters on the doorsteps of our working class, Black, and brown neighborhoods? How are we going to push state governments to invest in clean energy, clean water, and clean air? How are we going to support Indigenous-led movements to return the land to its original stewards and protectors? How are we going to re-organize our daily lives to privilege sustainability over convenience and thus divest from corporate solutions that pollute our world?
The Trump campaign has used vulgar, racist, sexist, and just plain rude language to describe its opponents. How do we build communities grounded in love and kindness? How do we model such love and kindness to our children? How do we listen to marginalized communities and follow their lead on what language to use when organizing with them? How do we organize ourselves to protect the most targeted as beloved kin? How do we create opportunities for collective joy and creativity and friendship?
As individuals, we cannot tackle every question listed above, and in my post-election haze, I know I have left out critical issues. (How do we protect our children from gun violence? How do we stop the genocides in Gaza and Sudan and emerging genocidal threats across the globe? How do we abolish systems that criminalize Blackness, disability, and poverty?) But if you’re new to organizing and activism, you can find a group of people who are already grappling with the questions that resonate for you and can figure out how to amplify and support their work. And if you have been already doing this work for years, I thank you.
The reality is, these are the same questions we should have been asking ourselves even if Kamala Harris had won the presidency. Presidential candidates will never be our saviors. As always, it is up to us to forge the path to liberation, even in times of the deepest despair, grief, and shock. Especially in these times.
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'Today, It's All on the Line': Progressives Mobilize Nationwide to Defeat Trump
"The right to an abortion is on the ballot. Healthcare is on the ballot. Social Security and Medicare are on the ballot," said Sen. Elizabeth Warren. "Our very democracy is on the ballot. Your vote doesn't just affect who becomes president—it affects every aspect of our lives."
Nov 05, 2024
Progressive activists, labor unions, and lawmakers who have organized for months against Republican nominee Donald Trump emphasized the enormous stakes of Tuesday's election for abortion rights, healthcare, the future of Gaza, the climate, and democracy itself as Americans cast their ballots in what's likely to be one of the highest-turnout elections in modern U.S. history.
"Today, it's all on the line," Rep. Ayanna Pressley (D-Mass.) said Tuesday morning, urging a vote for Democratic nominee Kamala Harris. "We can make history and elect a president committed to making our lives easier and protecting our freedom and humanity. So vote for yourself, for your neighbor, and for our democracy."
"Vote for Kamala Harris like lives depend on it," Pressley added, "because they do."
Sen. Elizabeth Warren (D-Mass.), who has also endorsed Harris, similarly emphasized the election's potentially seismic impacts on major aspects of U.S. society, from reproductive freedom to the future of Social Security.
"The right to an abortion is on the ballot," Warren wrote on social media. "Healthcare is on the ballot. Social Security and Medicare are on the ballot. Our very democracy is on the ballot. Your vote doesn't just affect who becomes president—it affects every aspect of our lives. Please vote accordingly."
"All our work in this election has come down to one question, 'Which side are you on?'"
In the weeks leading up to Election Day, progressive organizations and labor unions such as the United Auto Workers and AFL-CIO phone-banked and knocked doors across the country in an effort to defeat Trump, a former president who has threatened to prosecute his political opponents, gut regulations for the benefit of planet-destroying fossil fuel companies, give Israeli Prime Minister Benjamin Netanyahu free rein in the Middle East, allow states to implement the most draconian abortion bans, and deliver another round of tax cuts to the rich and large corporations.
The UAW said Tuesday that its members knocked on 250,000 doors in Michigan alone during the final stretch of the 2024 campaign in an effort to defeat the Republican nominee.
"When members hear directly from other members about what’s at stake, we break through and change minds," said UAW president Shawn Fain. "By engaging our members and highlighting the issues that matter—their paychecks, their families, and their futures—our union has been critical to defeating Trump and making sure working-class issues are at the forefront of this election."
"All our work in this election has come down to one question, 'Which side are you on?'" Fain added. "In this election, we made sure our members had the information they needed to cast their vote based on each candidate’s own words and action. For our union, the choice is clear: Harris stands with us and Trump is a scab."
Maurice Mitchell, national director of the Working Families Party (WFP), wrote in a memo released on the eve of Election Day that his group's members knocked on 1.6 million voters' doors across Pennsylvania, Wisconsin, Georgia, North Carolina, and other battleground states where Harris and Trump are polling neck-and-neck.
"Working people in this nation cannot afford another Trump presidency," Mitchell wrote, alluding to the Republican nominee's anti-worker policy record. "That's why the WFP ran the biggest national campaign we've ever built to defeat Trump and elect Harris, and we left everything on the field."
Abbas Alawieh, co-founder of the Uncommitted National Movement, said in an appearance on MSNBC Tuesday that he personally decided to vote for Harris despite his group's decision not to endorse her, pointing to the grave threat Trump poses to Palestinian, Arab, and Muslim communities.
A message from @AZAlawieh on Election Day. pic.twitter.com/enoJNZ8oCv
— Uncommitted National Movement 🌺 (@uncommittedmvmt) November 5, 2024
"He has never espoused a pro-peace policy," Alawieh said of Trump during Tuesday's interview. "He has been a purveyor of militarized violence against our communities."
"We're under no illusion that there's a president who's going to come in and wave a magic wand and change the policy," added Alawieh, referring to U.S. military support for Israel. "I'm looking at what are the conditions that are going to exist for our anti-war movement after this. Donald Trump intends on making it a lot harder for us to advocate for Palestinian human rights and against war."
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