Republicans are waging a campaign against abortion shield laws in blue states, hoping to force the federal government to intervene. Eighteen states plus the District of Columbia have an abortion shield law, protecting providers and patients from civil and criminal actions. Republicans are fighting the laws in court and pushing for a federal law that supersedes the protection. More than a dozen GOP attorneys general have urged congressional leadership in a letter to preempt state laws by passing legislation that bans shield laws. Texas Attorney General Ken Paxton (R) and Louisiana Attorney General Liz Murrill (R) have taken legal action against a New York doctor for allegedly prescribing and mailing abortion pills to women in their respective states.
Some legal experts believe that congressional leadership will introduce legislation to preempt state abortion shield laws because it would struggle to pass. However, state lawsuits challenging abortion shield laws have objective legal merit, arguing that since each state is sovereign, no other state can regulate conduct within them. Texas Attorney General Ken Paxton has led the charge in combating these laws in court, most notably with his lawsuit against New York physician Margaret Carpenter.
States filing lawsuits that challenge shield laws face obstacles, and cases will be difficult to win. Once at the Supreme Court, Texas would likely argue that New York’s shield law is violating the Constitution’s full faith and credit clause, which mandates that all states must respect the judicial proceedings of another state.
