When the United States Supreme Court (SCOTUS) ruled three years ago to overturn the 1973 Roe versus Wade decision that legalized abortion nationwide, the political right naturally championed it yet also downplayed its significance by claiming the court was only "returning it to the states".
No big deal, right? "States' rights".
As long as a woman did not attempt to seek an abortion in a state in which it was now banned, everything would be fine. Let some states keep their pro-choice laws on the books. Leave each other alone.
While GOP lawmakers and so-called "Christian" activists continued trotting out this talking point, state legislatures and attorneys general were busy spreading their web to catch would-be malefactors in other states and localities seeking abortion care.
Almost two years ago, 19 state AGs were talking about enacting a 21st-century version of the 1850 Fugitive Slave Act to pursue across state lines transgender individuals and those who either have had or are seeking abortions.
Fast forward to today, and attorneys general in anti-abortion states are trying to stretch the long arm of the law into pro-choice ones.
Last month, Louisiana Gov. Jeff Landry signed an arrest warrant and Texas State District Judge Bryan Gantt ordered a $100,000 penalty against New Paltz, New York doctor Maggie Carpenter, after Carpenter prescribed abortion medication via telehealth to patients in their respective states.
New York, however, isn't rolling over (like some media outlets and law firms).
Acting Ulster County Clerk Taylor Bruck is refusing to file a summary judgment from Texas Attorney General Ken Paxton, citing New York's Shield Law, which protects healthcare providers and patients from out-of-state legal actions pertaining to abortion services.
That stance could potentially set the stage for the first SCOTUS challenge to all states' shield laws.
Bruck explained:
There's a chance Texas just does nothing and it's just rejected. I believe they could proceed with some sort of litigation against our office. Something like this has never really come up in any clerk's office in the state. This is the first test for this new law. And we'll see.
Ulster County, NY, Executive Jen Metzger added:
States have no business interfering in women's reproductive health decisions, and New York stands as a safe haven for those seeking reproductive health care.
NY State Senator Michelle Hinchey asserted:
The only response to this depraved effort by Texas to penalize private healthcare decisions is to reject it, and our Acting Ulster County Clerk has courageously done that today in upholding the New York State Shield Law. New York will not bend to the extreme injustice of hostile, grandstanding Attorneys General weaponizing the legal system to control people's lives and bodies. We stand in defense of our doctors doing their jobs, patients seeking healthcare, and against overreach no matter who's behind it. The Hudson Valley is a beacon of what's right and just and always will be.
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