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WJFF - Radio Chatskill - Special Report
Trailer
Bonus
Episode 517
Season 1
Ulster County Clerk Rejects Texas Filing Against New Paltz Doctor in Abortion Lawsuit
The Ulster County clerk says he will not file a summary judgement against a New Paltz, New York doctor being sued in Texas for prescribing abortion medication via telehealth.
Dr. Margaret Carpenter is facing a civil lawsuit for mailing two abortion pills, mifepristone and misoprostal, to a woman in Texas, which bans nearly all abortions. In the suit, Texas Attorney General Ken Paxton claims Carpenter violated the Texas ban and effectively practiced medicine in Texas without a license. Carpenter didn’t show at a Texas court hearing last month, and New York has refused to cooperate in accordance with its shield law protecting abortion providers from out-of-state lawsuits.
Acting Ulster County Clerk Taylor Bruck says he received a request from a Texas court to file a summary judgement against Carpenter that included more than $100,000 in penalties and attorney fees. But he says he won’t be moving on it.
“In the shield law, it specifically states that no government employee shall cooperate with an out-of-state proceeding, civil or criminal, regarding health care services rendered that are legal in New York state," says Bruck. "Upon on our reading of the law, it’s very clear that we are not to cooperate with this or expend government resources on it. So we decided to reject it and kick it back to Texas.”
New York is one of eight states nationwide that has a shield law protecting abortion providers. This case is considered the first test of those laws, and it’s not the only one: Carpenter also faces a criminal indictment for sending abortion medication to a teenager in Louisiana. New York has refused to extradite Carpenter in that case.
Mary Ziegler, a law professor at the University of California, Davis, says it’s possible these cases will eventually find their way to the Supreme Court.
“It’s definitely something we’ve expected to see, this kind of inter-state conflict around abortion," she explains. "This is a question about states’ rights, right? And when states have to listen to one another.”
WAMC has reached out to the Texas Attorney General’s Office for comment.
Several Democratic New York State lawmakers praised Bruck for his decision Thursday. Congressman Pat Ryan of the 18th District said on X: “Texas AG Ken Paxton chose the wrong community to mess with.” Governor Kathy Hochul, meanwhile, said in part: “This is New York. We’ll never back down from fighting for these fundamental rights.”
State Senator Michelle Hinchey, a Democrat from the 41st District, says she's also pleased with the move.
"The actions against the doctor, I feel, are deplorable. She has been only acting in good faith to provide healthcare to people who need it," says Hinchey. "The acting clerk did exactly what he should do, and I'm really proud of him for doing it."
The way Bruck sees it, he’s preparing for the possibility that Texas might take further legal action against the state of New York, or even Ulster County. He says he’s glad to see the support of other lawmakers.
“It is, very frankly, necessary," he adds. "I’m glad that we’re all on the same page, and this is really what the law was passed to do, was to protect our constituents from these acts. I’m just following my duties as county clerk, following the laws as written.”
The Abortion Coalition for Telemedicine, which Carpenter co-founded and leads as co-medical director, commended Bruck for rejecting the summons in a statement. It adds in part: “Shield laws are a critical safeguard that protect both providers and patients nationwide. As anti-abortion states escalate attacks beyond their borders, it is more important than ever that New York’s legal system continues to defend access to care.” Carpenter herself has not commented publicly on the cases.
Governor Hochul signed legislation earlier this month aimed at strengthening New York’s shield law. Under the law, abortion providers no longer need to include their names or practice on prescription labels.
Story by Jesse King/WAMC/New York Public News Network
Jesse King is the host of WAMC's national program on women's issues, "51%," and the station's bureau chief in the Hudson Valley.
<em>Image: The Ulster County Government Office in Kingston, NY. (Credit: Ulster County Clerk)</em>
Dr. Margaret Carpenter is facing a civil lawsuit for mailing two abortion pills, mifepristone and misoprostal, to a woman in Texas, which bans nearly all abortions. In the suit, Texas Attorney General Ken Paxton claims Carpenter violated the Texas ban and effectively practiced medicine in Texas without a license. Carpenter didn’t show at a Texas court hearing last month, and New York has refused to cooperate in accordance with its shield law protecting abortion providers from out-of-state lawsuits.
Acting Ulster County Clerk Taylor Bruck says he received a request from a Texas court to file a summary judgement against Carpenter that included more than $100,000 in penalties and attorney fees. But he says he won’t be moving on it.
“In the shield law, it specifically states that no government employee shall cooperate with an out-of-state proceeding, civil or criminal, regarding health care services rendered that are legal in New York state," says Bruck. "Upon on our reading of the law, it’s very clear that we are not to cooperate with this or expend government resources on it. So we decided to reject it and kick it back to Texas.”
New York is one of eight states nationwide that has a shield law protecting abortion providers. This case is considered the first test of those laws, and it’s not the only one: Carpenter also faces a criminal indictment for sending abortion medication to a teenager in Louisiana. New York has refused to extradite Carpenter in that case.
Mary Ziegler, a law professor at the University of California, Davis, says it’s possible these cases will eventually find their way to the Supreme Court.
“It’s definitely something we’ve expected to see, this kind of inter-state conflict around abortion," she explains. "This is a question about states’ rights, right? And when states have to listen to one another.”
WAMC has reached out to the Texas Attorney General’s Office for comment.
Several Democratic New York State lawmakers praised Bruck for his decision Thursday. Congressman Pat Ryan of the 18th District said on X: “Texas AG Ken Paxton chose the wrong community to mess with.” Governor Kathy Hochul, meanwhile, said in part: “This is New York. We’ll never back down from fighting for these fundamental rights.”
State Senator Michelle Hinchey, a Democrat from the 41st District, says she's also pleased with the move.
"The actions against the doctor, I feel, are deplorable. She has been only acting in good faith to provide healthcare to people who need it," says Hinchey. "The acting clerk did exactly what he should do, and I'm really proud of him for doing it."
The way Bruck sees it, he’s preparing for the possibility that Texas might take further legal action against the state of New York, or even Ulster County. He says he’s glad to see the support of other lawmakers.
“It is, very frankly, necessary," he adds. "I’m glad that we’re all on the same page, and this is really what the law was passed to do, was to protect our constituents from these acts. I’m just following my duties as county clerk, following the laws as written.”
The Abortion Coalition for Telemedicine, which Carpenter co-founded and leads as co-medical director, commended Bruck for rejecting the summons in a statement. It adds in part: “Shield laws are a critical safeguard that protect both providers and patients nationwide. As anti-abortion states escalate attacks beyond their borders, it is more important than ever that New York’s legal system continues to defend access to care.” Carpenter herself has not commented publicly on the cases.
Governor Hochul signed legislation earlier this month aimed at strengthening New York’s shield law. Under the law, abortion providers no longer need to include their names or practice on prescription labels.
Story by Jesse King/WAMC/New York Public News Network
Jesse King is the host of WAMC's national program on women's issues, "51%," and the station's bureau chief in the Hudson Valley.
<em>Image: The Ulster County Government Office in Kingston, NY. (Credit: Ulster County Clerk)</em>