skip to main content
skip to newscasts

Thursday, April 24, 2025

Public News Service Logo
facebook instagram linkedin reddit youtube twitter
view newscast page
play newscast audioPlay

Trump slams Zelensky for refusing to recognize Russian control of Crimea; TN educators warn against dismantling U.S. Dept. of Education; NJ improves school-based mental health policies; ND follows up with new aid to keep rural grocery stores open.

view newscast page
play newscast audioPlay

Amid market blowback, President Trump says China tariffs will likely be cut. Border Czar Tom Homan alleges Kilmar Abrego Garcia received due process, and the administration takes a tough line on people without housing.

view newscast page
play newscast audioPlay

Migration to rural America increased for the fourth year, technological gaps handicap rural hospitals and erode patient care, and doctors are needed to keep the Eastern Band of Cherokee Indians healthy and align with spiritual principles.

How 'shield laws' apply to telehealth abortion providers

play audio
Play

Wednesday, February 19, 2025   

By Rebekah Sager for the Michigan Independent.
Broadcast version by Chrystal Blair for Michigan News Connection reporting for the Michigan Independent-Public News Service Collaboration


The AP reported on Jan. 31 that a grand jury had indicted a doctor in New York on felony charges of criminal abortion for prescribing an abortion medication online for a patient in Louisiana.

The indictment was issued by a grand jury of the Louisiana 18th Judicial District Court for the Parish of West Baton Rouge against Dr. Margaret Carpenter, her New Paltz-based company Nightingale Medical, and the mother of the teen patient, who obtained and administered the medication. Arrest warrants were issued on Jan. 31 for Carpenter and the mother; the mother turned herself in to the police that day.

Louisiana law outlaws abortion completely, with exceptions for the life and health of the pregnant patient.

While 18th Judicial District Attorney Tony Clayton told the AP, "We expect Dr. Carpenter to come to Louisiana and answer to these charges, and if 12 people (a jury) think she's innocent then, let it go," New York's so-called shield law protects Carpenter from extradition, said Rachel Rebouché, the dean of Temple University Law School.

What are shield laws?

Eighteen states, including New York, have laws that protect medical providers from investigation, subpoenas, warrants, and demands for extradition from another state. New York's law says that the governor will not recognize such demands from another state as long as the provider was not physically located in that state when the procedure was carried out.

The law in eight of the 18 states - California, Colorado, Maine, Massachusetts, New York, Rhode Island, Vermont, and Washington - specifically protects reproductive health care, regardless of the patient's location.

What happens when a state's shield law is challenged?

Rebouché, who has worked closely with legislators and shield law advocates, said, "I think the long game is to stop mailed medication abortion, which is approved by the FDA as well."

"I think the consequences are, for the providers, I think there is a chilling effect," Rebouché continued. "No one wants to be indicted for a crime. No one wants to be sued for $100,000 and for Dr Carpenter, she can't go to Texas or Louisiana, she can't go to a state that might extradite her to one of those states."

Rebouché explained that in such cases of interstate conflict, each side has the right to pass its own laws. "Typically, states do cooperate," she said. "That's the baseline. But states have rights to also defend people in their jurisdictions."

"Maggie Carpenter is not breaking the law," Rebouché said. "She is complying entirely with New York law. Now, Texas and New York can disagree about what that means, but she, as a doctor, is not breaking the law. ... Almost half the country has got this through its legislature to protect people who are providing reproductive health care."

On Feb. 3, New York Democratic Gov. Kathy Hochul signed a law that gives doctors who prescribe abortion medication the right to ask that pharmacies only print the name of their medical practice on the prescription label and not the doctor's name.

"The intent of shield laws is to try to deflect attacks from out of state for providers in state through different levels, criminal, civil, professional discipline, insurance hikes," Rebouché said.

Officials in Louisiana continue to insist that they will prosecute Carpenter. "It is illegal to send abortion pills into this State and it's illegal to coerce another into having an abortion. I have said it before and I will say it again: We will hold individuals accountable for breaking the law," Louisiana Attorney General Liz Murrill said on the social media platform X.

Rebouché noted: "Louisiana can and has arrested her for what it claims is a violation of its abortion ban. It has to prove that in a criminal court. ... If Louisiana has prosecutors who are going to go after anybody who's helped somebody, that could have a significant chilling effect."


Rebekah Sager wrote this article for the Michigan Independent.


get more stories like this via email

more stories
Florida State University, where a gunman killed two people last Thursday, experienced another shooting more than a decade ago that left three people injured. (ernie114/Pixabay)

Social Issues

play sound

Florida State University students joined survivors of past mass shootings at the state Capitol this week, demanding that Gov. Ron DeSantis veto a …


Social Issues

play sound

North Dakota's governor this week signed a bill maintaining state funding for rural communities in dire need of thriving grocery stores. The state …

Social Issues

play sound

By Alana Horton for Arts Midwest.Broadcast version by Mike Moen for Minnesota News Connection reporting for the Arts Midwest-Public News Service Colla…


About 500,000 children in the U.S. are exposed to lead, disproportionately on poor and Black and brown families. (Adobe Stock)

Environment

play sound

As the city of Milwaukee continues to grapple with addressing unsafe levels of lead across public schools, experts are calling it an environmental …

Health and Wellness

play sound

A new report finds that Maryland has made progress in providing school mental health services to its students but work still remains. The report by …

Every dollar invested in SNAP generates between $1.50 to $1.80 in local economic activity. There are currently 3,100 authorized SNAP retailers in Colorado. (Adobe Stock)

Social Issues

play sound

Two leading Colorado nonprofits working to end hunger are collecting hand-written letters from a wide range of people who would be directly impacted i…

Environment

play sound

By Casey Smith for the Indiana Capital Chronicle.Broadcast version by Joe Ulery for Indiana News Service reporting for the Indiana Capital Chronicle-F…

Social Issues

play sound

Online extortion cases involving children have been rapidly increasing in Kentucky and nationwide, and legislation signed into law by Gov. Andy …

 

Phone: 303.448.9105 Toll Free: 888.891.9416 Fax: 208.247.1830 Your trusted member- and audience-supported news source since 1996 Copyright © 2021