A Louisiana mother and a New York doctor have been indicted for allegedly providing abortion medication to a minor, in what’s believed to be the first case of its kind in the country seeking to criminalize the provision of abortion medication obtained through the mail.
“It is illegal to send abortion pills into this State (sic) and it’s illegal to coerce another into having an abortion,” Murrill wrote.
Anti-abortion group praises indictments Louisiana Right to Life celebrated the indictment in a statement, criticizing the New York physician for mailing abortion pills.
Anti-abortion groups have ramped up attacks on abortion medication, which has dramatically blunted the impact of state abortion bans in recent years.
“You can’t hide behind the borders of New York and ship pills down here to commit abortions in Louisiana,” he said.
It is thought to be the first case of its kind in the nation to criminalize the distribution of abortion medication obtained by mail. A Louisiana mother and a New York doctor were indicted for allegedly giving the medication to a minor.
Dr. Margaret Carpenter, Nightingale Medical, and the mother of the minor were indicted by a West Baton Rouge grand jury on Friday. The charges against both include intentionally causing an abortion “by means of delivering, dispensing, distributing, or providing” an “abortion-inducing drug” to a pregnant woman. The charge carries fines of $50,000 and a maximum sentence of five years in prison.
In order to protect the identity of the minor, WWNO/WRKF is not naming the mother. Clayton stated that he will not press charges against the minor, in accordance with Louisiana’s anti-abortion legislation. Laws that make it illegal to provide abortions in the state, along with a recent law that reclassifies two drugs that can cause abortions—mifepristone and misoprostol—to specifically exempt pregnant women.
The case represents a dramatic shift in the legal environment regarding the criminalization of abortion. It’s the first offense brought against a Louisiana resident under the state’s abortion ban, which went into force following the U.S. S. . For the Supreme Court, Roe v. Wade for 2022. It’s also one of the first challenges to legislation that has been passed in some blue states to protect abortion providers who give women pills in states where the practice is prohibited.
The legal director and senior counsel for If/When/How Lawyering for Reproductive Justice, Farah Diaz-Tello, stated that it was the first indictment of a provider of that kind that she was aware of.
She said, “I don’t know of any other instances where a state is attempting to indict a provider in another state.”.
Attorney General Liz Murrill of Louisiana commended X’s indictment. Murrill wrote, “It is unlawful to force someone to have an abortion and to send abortion pills into this State (sic).”. I’ve said it before and I’ll say it again: People who break the law will face consequences. “.”.
“I sought the indictments and will prosecute the case,” Assistant District Attorney Tony Clayton stated in a Friday interview with Talk Louisiana. According to him, the mother gave the girl the medication after Carpenter mailed it to her.
“The young child was at home by herself and felt compelled to take the medication due to what her mother had told her,” Clayton stated.
Additionally, he implied that the minor was incapable of consciously choosing to have an abortion because they were under the age of 18.
He stated, “I don’t think that child who took the pill can really formulate the requisite intent to know what was going on because she is still a child.”.
Clayton told The Advocate that the young person had organized a reveal party.
Indictments are praised by an anti-abortion group.
A statement from Louisiana Right to Life, which denounced the New York doctor for mailing abortion pills, praised the indictment.
“Carpenter does not hold a medical license in Louisiana,” stated Sarah Zagorski, director of communications. “DA Clayton is commended by Louisiana Right to Life for taking the initiative to shield Louisiana women and infants from the harmful consequences of forced abortion and the abortion industry.”. “.”.
The indictments, according to the Louisiana Abortion Fund, are an attempt by “forced birth extremists” to sabotage telemedicine abortions and create “a chilling effect” among providers who are willing to mail abortion pills to states that have banned them. On Friday, Lift Louisiana and Planned Parenthood Gulf Coast, two other prominent statewide reproductive rights organizations, did not immediately issue statements.
The indictments, along with Louisiana’s anti-telemedicine abortion laws, are meant “to make people fear criminal penalties for helping others access abortion care,” according to Diaz-Tello of If/When/How. “”.
People who are worried about facing criminal charges for using or obtaining abortion medications should be aware that there is support available, she said.
In recent years, state abortion bans have been significantly lessened in effect due to increased attacks on abortion medication by anti-abortion organizations. In Louisiana, thousands of women continue to have abortions, according to a survey conducted last year. It revealed that more patients sought abortions in Louisiana in 2023 compared to 2020, prior to the ban, and that 60 percent of abortions performed in the state during the first half of 2024 were performed via telemedicine.
Clayton referred to abortion drugs, which are used for a variety of common and life-saving prenatal care procedures, as “poison” in the Talk Louisiana interview. Although New York law protects doctors who mail abortion drugs to states where abortion is prohibited, he stated that he still intends to obtain a warrant for Carpenter.
He declared, “You cannot conceal yourself behind New York’s borders and send pills down here to perform abortions in Louisiana.”.
Laws pertaining to shields are in question.
Laws that protect medical professionals and others who assist out-of-state abortion patients from civil and criminal penalties will be put to the test in this case. These laws were passed in a number of Democratic-led states. It is estimated by the Center for Reproductive Rights that at least 18 states have such laws in place.
State representatives in New York have defended the state’s shield law. Governor Kathy Hochul of New York stated that her state would not abide by any request for extradition.
“We will continue to be a safe harbor,” she wrote on X.
Attorney General Letitia James of New York issued a statement defending telemedicine abortion and endorsing Carpenter.
James criticized Louisiana’s cowardly attempt to use the law as a weapon against providers from other states, calling it unjust and un-American. “We won’t let dishonest people compromise our providers’ capacity to provide essential care.”. New York will make sure that all Americans who require medication abortion can continue to access it because it is safe, effective, and essential. “.”.
For prescribing abortion pills to a woman in the Dallas area, Carpenter is already being sued in Texas. She was identified as the founder and co-medical director of the Abortion Coalition for Telemedicine (ACT), a group that advocates for access to abortion drugs in the United States. S. A statement claims that it supports shield laws.
ACT stated that mifepristone and misoprostol have been shown to be safe and effective for inducing abortions for decades and are “an essential part of women’s healthcare.” The Louisiana case against a licensed New York doctor is the most recent in a string of threats that threaten women’s access to reproductive healthcare across this nation, the organization said. “.”.
In the United States, shield laws allowed for 9,700 abortions per month. S. . data gathered by the Society of Family Planning from the previous year.
“This state-sponsored attempt to prosecute a physician who is providing safe and effective care should alarm everyone due to the history of violence and harassment against abortion providers in the United States,” ACT stated.