
A physician based in New York has been indicted by a Louisiana grand jury for allegedly writing prescriptions for abortion medication and mailing them to a teenager in the state in a landmark case. This appears to be the first known prosecution of an out-of-state provider for mailing pills since the US Supreme Court revoked Roe v Wade in 2022.
Dr. Carpenter, who runs Nightingale Medical, PC, has been indicted on charges of criminal abortion by means of abortion-inducing drugs, which is a felony under Louisiana law. The mother of the teen has also been indicted in relation to the case. Louisiana has some of the country's most strict abortion laws; it has a near-total ban and no exemptions for rape or incest. Recently, the state labeled the abortion medications mifepristone and misoprostol as controlled dangerous substances; distributing the same without authority became a crime.
Legal and Political Fallout
New York Governor Kathy Hochul strongly condemned the indictment and announced that New York would not comply with any extradition request for Dr. Carpenter. “I am proud to say that I will never, under any circumstances, turn this doctor over to the State of Louisiana,” Hochul stated, emphasizing New York’s commitment to protecting reproductive healthcare providers.
New York Attorney General Letitia James echoed Hochul's stance, calling the charges a cowardly attempt to weaponize the law against out-of-state providers.
In addition, the indictment reveals increasing legal tensions between those pro-life states that prohibit or restrict abortion and pro-choice states that allow for it. New York, along with other several Democratic-led states, has enacted "shield laws" that shield medical professionals providing abortion care to out-of-state patients. It is coming from Louisiana's prosecution of Dr. Carpenter that challenges these laws directly.[2]
Effect on Telemedicine and Abortion Rights
Dr. Carpenter is one of the co-founders of the Abortion Coalition for Telemedicine, which is an organisation that advocates for access to reproductive healthcare nationwide through telemedicine. The coalition has called the indictment an attack on reproductive rights, citing that abortion pills are FDA-approved and have been used safely for decades.[3]
According to legal analysts, the ruling may determine the future of states with restrictive abortion laws as they try to reach beyond their boundaries to enforce bans. The result will influence telemedicine abortion services and challenge the legal strength of state shield laws.[2]
It's likely to ignite the wider battle over reproductive rights, federalism, and conservative states' authority to force their policies on providers who are acting in accordance with the law of the state where they operate.
References
Friedman, Amanda, and Alice Miranda Ollstein. "Louisiana Challenges Abortion Shield Laws with Indictment of New York Telehealth Doctor." Politico, January 31, 2025. https://www.politico.com/news/2025/01/31/abortion-shield-laws-louisiana-challenge-010223.
"New York Doctor Indicted in Louisiana over Alleged Abortion Pill Prescription." Associated Press, January 31, 2025. https://apnews.com/article/63ff4d9da8a9b592a7ca4ec7ba538cd3.
"New York Doctor Indicted in Louisiana over Alleged Abortion Pill Prescription." The Guardian, January 31, 2025. https://www.theguardian.com/us-news/2025/jan/31/new-york-louisiana-abortion-pill-charges.
(Input from various sources)
(Rehash/Pragati Sakhuja/MSM)