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A New York doctor was indicted by a grand jury in Louisiana on criminal abortion charges for allegedly prescribing an abortion-inducing drug to a teen in the state, which has one of the country’s strictest abortion bans.

Ten jurors in the District Court for the Parish of West Baton Rouge unanimously voted to charge Margaret Carpenter and her practice, Nightingale Medical located in New Paltz, New York, with a felony. If convicted, Carpenter could face up to 15 years in prison and up to $200,000 in fines.

The Louisiana teenager’s mother was also charged. 

‘It is illegal to send abortion pills into this state and it’s illegal to coerce another into having an abortion,’ Louisiana Attorney General Liz Murrill said in a statement. 

She added: ‘We will hold individuals accountable for breaking the law.’

Abortions are banned in Louisiana, including in cases of rape and incest, but except when the mother’s life is at risk.

In New York, though, abortion is legal up to and including 24 weeks of pregnancy. After 24 weeks, you can still get an abortion if your health or pregnancy is at risk.

The criminal case out of Louisiana, the first of its kind, mounts the first major challenge to the Comstock Act, which restricts the mailing of abortion pills, and challenges whether it can be applied to a situation where a doctor in one state prescribes mifepristone to a patient in another state.

It also marks the first test of New York’s shield law, which guarantees that healthcare providers in New York cannot face prosecution or lawsuits for offering abortion services, even if the patient is from a state with stricter abortion laws.

Ten jurors in the West Baton Rouge District Court unanimously voted to charge Margaret Carpenter and her practice, Nightingale Medical in New Paltz, New York, with a felony. If convicted, Carpenter faces up to 15 years in prison and $200,000 in fines

Mifepristone is taken first to dilate the cervix and block progesterone, which is needed to sustain a pregnancy. About 24 hours later, the patient takes misoprostol, a drug that causes the uterus to cramp, contract, and expel pregnancy tissue

Gov Kathy Hochul has already stated that New York will not agree to the West Baton Rouge District Attorney’s extradition demands.

In a statement on the indictment, Gov Hochul said: ‘A doctor is being prosecuted for providing basic health care to her patient. We always knew that overturning Roe v. Wade wasn’t the end of the road for anti-abortion politicians.

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‘It’s more critical than ever for states to step up and protect reproductive freedom — and I’ll never back down from this fight.’

New York state Attorney General Letitia James added: ‘This cowardly attempt out of Louisiana to weaponize the law against out-of-state providers is unjust and un-American.

‘We will not allow bad actors to undermine our providers’ ability to deliver critical care. Medication abortion is safe, effective, and necessary, and New York will ensure that it remains available to all Americans who need it’

New York is one of 22 states and the District of Columbia with similar laws protecting doctors against out-of-state investigations on the books.

Dr Carpenter is also a co-founder of the Abortion Coalition for Telemedicine, which supports nationwide access to abortion through telemedicine.

The Coalition said: ‘The case out of Louisiana against a licensed New York doctor is the latest in a series of threats that jeopardizes women’s access to reproductive healthcare throughout this country.’

Dr Carpenter, far left, is also a co-founder of the Abortion Coalition for Telemedicine, which supports nationwide access to abortion through telemedicine

Accessing medication abortion through the mail became legal under the Biden administration.

But several states with restrictive abortion laws have passed legislation aimed at preventing the shipment of medication abortion pills, including Texas, Oklahoma, Arkansas, Missouri, 비아그라 부작용 Idaho, South Carolina, and North Dakota.

Medication abortion accounts for more than half of abortions in the US. It has drawn increasing attention since the Supreme Court’s 2022 decision that eliminated the federal guarantee to an abortion and returned policymaking power to the states.

This is not Dr Carpenter’s first legal attack lobbed by a state with harsh abortion restrictions.

Texas Attorney General Ken Paxton sued Dr Carpenter last year over claims that she violated Texas’s abortion law and occupational licensing regulations by practicing medicine in the state without being licensed there.

He is requesting an injunction to prevent her from continuing to break Texas’s abortion ban and seeking at least $100,000 in civil penalties for each previous violation.

A medication abortion consists of two pills – mifepristone and misoprostol.

Mifepristone is taken first and works by dilating the cervix and blocking the effects of the hormone progesterone, which is needed to sustain a pregnancy.

The above map shows abortion bans by state, including Louisiana — where abortion is banned completely except in the event that the mother’s life is at risk

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About 24 hours later, the patient takes misoprostol, a drug used to treat stomach ulcers that causes the uterus to cramp and contract, causing bleeding and expelling of the pregnancy tissue.

Mifepristone has been in anti-abortion rights advocates’ cross-hairs for years. They have said the medication is more dangerous than scientists have found that it is, exaggerating risks of heavy bleeding, infection, or complications necessitating a hospital visit.

But the argument that mifepristone is not safe is not aligned with the opinions of obstetricians and gynecologists, as well as the wider scientific community.

A 2012 meta-analysis of 87 clinical trials published in journal Contraception affirmed that medication abortion is generally safe, with serious complications such as severe vaginal bleeding, pelvic pain, or infection requiring hospitalization occurring in less than 0.3 percent of patients.

Studies show mifepristone is safer and sends fewer people to the emergency department than Tylenol and Viagra.

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