Despite legal risks, doctors keep sending abortion medication across state lines

• Doctors are continuing to mail abortion medication to states with restrictions despite legal risks following the indictment of a New York doctor, Margaret Carpenter, in Louisiana.
• Carpenter is protected from extradition under New York’s shield laws.
• The issue of out-of-state abortion services may ultimately be decided by the Supreme Court.

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After a New York doctor was indicted for allegedly prescribing and shipping abortion medication to a minor patient in Louisiana, doctors around the country continue sending the pills across state lines, NPR reports.

Dr. Kohar Der Simonian, from MaineHealth, mails abortion medication to patients in states where abortion is banned or restricted, and her name is on the prescriptions.

She works at a clinic that offers abortion services, reproductive health care and gender-affirming care, and helps out-of-state patients seeking services.

Even after Dr. Margaret Carpenter in New York was indicted in Louisiana, Dr. Der Simonian told NPR, “Most people that are abortion providers also have families and other jobs. It gets complicated, putting yourself at risk,” she said, adding she’s still willing to continue doing it “because it’s what’s right.”

What is happening with Dr. Margaret Carpenter?

Meanwhile, Dr. Carpenter is currently being protected from extradition under New York’s shield laws. Gov. Kathy Hochul, D, said she would not allow the Bayou State to extradite her to face charges.

Telehealth has become popular in recent years, and the 2022 Dobbs ruling overturning Roe v. Wade has complicated matters.

While some doctors are prescribing these medications through telehealth, 19 states ban or restrict abortion. It’s now a matter for the courts to decide when states want to punish out-of-state abortion providers for offering services in a state where such access is not legal in state law.

What are Louisiana officials saying?

Louisiana’s attorney general, Liz Murrill, does not agree with New York’s decision to not cooperate with extraditing Dr. Carpenter to face charges.

She spoke with WVUE in New Orleans in February.

“It is not any different than if she had sent fentanyl here,” Murrill said. “It’s really not. She sent drugs that are illegal to send into our state.”

The decision may ultimately come down to the Supreme Court.