A coalition of attorneys general has sent a letter to Congress urging lawmakers to take preemptive action against states that pass “shield laws” that protect law-breaking abortionists.
Key Takeaways:
- Attorneys general from 16 states have asked Congress to preempt state “shield laws” which protect law-breaking abortionists.
- The AGs contend that shield laws “interfere with States’ ability to enforce criminal laws within their borders and disrupt our constitutional structure.”
- The state of New York has already invoked its shield law in protecting abortionist Margaret Carpenter, while California abortionist Remy Coeytaux may also potentially be protected by his state’s shield law.
The Details:
After the passage of Dobbs v. Jackson Women’s Health Organization, which repealed Roe v. Wade, a number of pro-abortion states passed “shield laws,” to protect abortionists. The laws vary by state; some prevent public employees or authorities from cooperating in any legal investigations involving abortion, while others prohibit extradition of abortionists or allow abortionists to mail abortion pills with no prescriber names on the label.
Now, the pro-life Attorneys General from 16 states — Alabama, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, West Virginia, and Wyoming — are calling on Congress to “step in to remedy this problem.” Their letter states:
Since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Org., several States have greatly restricted or prohibited abortion, including non-surgical abortions that rely on the use of abortion drugs.
In response, different States passed laws purporting to “shield” abortion providers from liability and prosecution for performing or aiding in abortions in other States.
These laws are blatant attempts to interfere with States’ ability to enforce criminal laws within their borders and disrupt our constitutional structure. Therefore, we are asking Congress to assess the constitutional authority it may have to preempt shield laws.
The AGs believe shield laws may be unconstitutional, as “they violate the Full Faith and Credit Clause of the Constitution because they do not give ‘full faith and credit’ to the judicial proceedings occurring in other States.”
The letter goes on to note that, “By encouraging medical professionals in pro-abortion states to violate pro-life States’ abortion laws, shield laws are antithetical to the spirit of federalism and the Dobbs decision by not allowing each State to regulate abortion as it sees fit.”
Why It Matters:
The appeal to Congress comes amidst several attempts to bring legal action against abortionists in New York and California.
New York
Margaret Carpenter, a New York abortionist who helped to found online abortion pill dispensary Hey Jane (which also works with Aid Access), as well as the Abortion Coalition for Telemedicine, has been protected by her state’s shield law after facilitating abortions in both Louisiana and Texas.
In December 2024, Carpenter sent abortion pills to a 20-year-old woman in Texas in violation of state law; the woman suffered complications serious enough to require emergency care. A Texas judge issued Carpenter a fine exceeding $100,000, as well as an injunction to no longer mail abortion pills into the state.
However, the New York Acting County Clerk for Ulster County, Taylor Bruck has refused to assist Texas and file a summary judgement against Carpenter, invoking the state’s shield law as an excuse. Attorney General Ken Paxton filed a legal petition against Bruck this week.
Carpenter was also indicted by the state of Louisiana for mailing the abortion pill to a Louisiana mother in mid-2024, who allegedly coerced her teen daughter to take the drug. The teen suffered complications during the chemical abortion.
Though Louisiana officials, including Governor Jeff Landry, signed off on an extradition for Carpenter, New York Governor Kathy Hochul promised to use the state’s shield laws to protect Carpenter and those like her, vowing to “fight like hell” to protect law-breaking abortionists.
California
Jerry Rodriguez of Texas recently filed a lawsuit against California abortionist Dr. Remy Coeytaux for mailing abortion pills to someone who coerced Rodriguez’s girlfriend to abort his children. Legal experts are saying it will be a case testing California’s shield laws, which offer a host of protections to abortionists who violate laws in other states.
In fact, according to the Texas Tribune, “California’s shield law could also allow Coeytaux to countersue Rodriguez, and protect his medical license in California.”
The Bottom Line:
In their letter, the AG’s called on Congress to uphold the ability of states to make their own abortion decisions, as established by Dobbs.
“Instead of allowing pro abortion states to disrespect the decisions of other states regarding abortion and trample the Constitution, Congress should assess whether it should tackle this issue head on with legislation that preempts state shield laws,” they wrote. “This may ensure that each state retains the ability to restrict abortions as it sees fit within its borders without interference from other states and preserves federalism principles.”
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