Looming Clash Over Abortion Pills Shows Overturning 'Roe v. Wade' Settled Nothing
The irony of the lawsuit is that the overturning of Roe v. Wade was justified in many quarters by returning the decision to the states, but that rationale is eviscerated if states can come after citizens of other states who are committing acts that are legal in their states.
December 27, 2024 at 03:45 PM
4 minute read
It has happened, just as we anticipated when Texas adopted one of the most stringent antiabortion laws in the country. The attorney general of that state has filed a lawsuit accusing a New York doctor of prescribing and sending the Food and Drug Administration-approved drugs mifepristone and misoprostol to a Texas resident in violation of Texas state law. This aggressive legal action was inevitable, especially after the U.S. Supreme Court overturned Roe v. Wade.
In the litigation, the Texas attorney general accuses an upstate New York physician of mailing pills to a 20-year-old woman in Texas. According to the complaint, the woman took the medication when she was nine weeks' pregnant and developed complications. It appears her boyfriend did not know that she was pregnant and when he learned of the pregnancy, he apparently reached out to the attorney general. Ken Paxton is asking the Collin County court to block the doctor from violating Texas law and ordering her to pay $100,000 for every violation of the state’s strict abortion ban. Conviction can result in incarceration and fines of at least $100,000.
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