Governor Kathy Hochul of New York has made a bold decision by refusing to extradite a doctor who was accused of prescribing abortion pills online to a resident of Louisiana. Hochul stated firmly at a press conference that she will not be signing the extradition order requested by the governor of Louisiana, both now and in the future. This announcement came after her office received the extradition order for the abortion provider, Dr. Margaret Carpenter. The warrant for extradition, signed by Louisiana Governor Jeff Landry, was obtained by NBC News.
Governor Landry expressed his belief that the only right course of action in this case is for the doctor to be extradited to Louisiana to face trial and receive justice. He made this statement through a video message on Thursday. Carpenter, along with her company Nightingale Medical and a Louisiana mother who ordered the pills online for her pregnant minor child, was indicted by a grand jury in West Baton Rouge Parish District Court on charges of criminal abortion through the use of abortion-inducing drugs, a felony.
Carpenter did not offer an immediate response to the request for comment on Thursday. This case marks the first known instance of a doctor being criminally indicted for sending abortion pills across state lines following the overturning of Roe v. Wade. Additionally, this indictment may serve as a direct test of New York’s shield laws, which aim to protect providers who prescribe and ship abortion medication to states where abortion is prohibited.
District Attorney Tony Clayton of West Baton Rouge previously stated that if similar actions were to occur in the future, he would pursue prosecution. He hoped that the indictment would deter Dr. Carpenter and others from sending such pills to Louisiana. The reversal of Roe v. Wade led to the enforcement of Louisiana’s near-total ban on abortion, which does not include exceptions for cases of rape or incest. Physicians who are convicted of performing illegal abortions, including with medication, could face up to 15 years in prison, fines of $200,000, and the revocation of their medical licenses.
Governor Hochul emphasized the distinction between the laws of Louisiana and New York, asserting that doctors take an oath to safeguard their patients while she, as governor, has sworn to protect all New Yorkers. She pledged to uphold not only the state constitution but also the laws of the nation. In a separate case, Texas Attorney General Ken Paxton sued Dr. Carpenter in December for allegedly sending abortion pills to Texas; however, criminal charges were not included in that lawsuit.
Following Carpenter’s indictment, Governor Hochul signed a new law allowing abortion providers to use the names of their practices instead of their personal names on prescription labels.