The recent attacks on state-level abortion shield laws are nothing new. I have seen politicians, prosecutors, and judges wield the law to deny people agency over their bodies my entire career.
But the latest move out of Louisiana—the indictment of Dr. Margaret Carpenter for prescribing
abortion pills via telehealth—signals a new level of escalation. Such court actions seek to expand legal control over patients, doctors, and fundamental bodily autonomy.
What happens next could shape the future of abortion access in America. Let’s break this issue down so you have a little background on shield laws next time it comes up in the news.
What Are Shield Laws, and Why Do We Need Them?
After the fall of Roe v. Wade, states hostile to abortion wasted no time passing more bans and criminalizing providers.
In response, states like New York, Massachusetts, and California enacted
abortion shield laws to protect doctors prescribing abortion medication via telehealth to patients in banned states. The Guttmacher Institute provides a comprehensive list of
states with abortion shield laws.
The idea was simple: if abortion is legal in my state, I should be able to provide it to a patient in another state without fear of prosecution.
Abortion bans don’t just prevent in-person procedures. They also block access to medication abortion, the method used in nearly two-thirds of abortions today. If people can’t get pills from local providers, telemedicine is their next best option.
Now, states like Louisiana and Texas are using criminal charges and civil lawsuits to try to stop us from providing this care at all.
Louisiana’s Latest Attack
When Louisiana indicted Dr. Carpenter for
prescribing abortion pills and issued an arrest warrant in an attempt to drag her into their jurisdiction, New York Governor Kathy Hochul pushed back. The governor said she would not allow Dr. Carpenter to be extradited.
This is a direct challenge to shield laws. Louisiana and Texas are essentially claiming they have the right to prosecute doctors in other states for practicing medicine legally under their own state laws.
If this prosecution succeeds, no provider—myself included—will be safe from retaliation. Anti-abortion politicians are using these cases not because they think they’ll win but because they hope to scare doctors out of providing telemedicine abortions altogether.
The Real Impact on Patients
I need to be clear about what these legal battles mean for the people most affected: pregnant people in states with abortion bans who are already facing enormous hurdles to care.
Many patients don’t have the resources to travel out of state. They can’t take time off work, have children at home, and can’t afford transportation and lodging costs.
Telemedicine abortion is often the only option, and the people behind these prosecutions know it. That’s why they’re going after doctors who provide it. They want to make abortion impossible, not just illegal.
And let’s not ignore who will be hurt the most: Black and brown people, low-income people, young people, and those already facing discrimination in the healthcare system. This is reproductive oppression in action.
What’s Next?
These legal attacks on shield laws will likely end up before the Supreme Court. Conservative justices claimed that when they overturned Roe that the issue should be left to the states. But now, red states are trying to control what doctors in blue states can do. This is a radical shift in the traditional Republican support of states’ rights.
Shield laws still stand for now, and providers continue to serve patients across state lines. Some are even seeing an increase in demand as more people learn that telehealth abortion is available. But make no mistake: the goal is to create a chilling effect, making providers afraid to continue offering care.
What You Can Do
If you’re watching these legal fights unfold and wondering how to help, here’s where to start:
- Support independent abortion providers. Independent clinics and telemedicine providers are the backbone of abortion access in this country. Donate to abortion funds that help patients get the care they need.
- Push for stronger shield laws. If you live in a state with protective laws, advocate for stronger protections for providers and patients.
- Spread the word. Many people don’t know that they can still get abortion pills through the mail, even in some states with bans. Make sure they do.
This fight is far from over, but if we let anti-abortion extremists dictate the future of reproductive healthcare, they won’t stop at shield laws. They’ll keep going until abortion is inaccessible everywhere, for everyone.
We won’t let that happen.
