Being dubbed the first case of its kind, a doctor from the Hudson Valley is among the first ever to be criminally charged by a different state for providing reproductive healthcare.

New York Governor Kathy Hochul has now released a statement and new legislation in response to the indictment.

New York vs. Louisiana on Access to Safe Abortions

Both New York and Louisiana have staunch stances on abortion access - just on completely opposite sides of the spectrum. As New York has worked to strengthen its protections, Louisiana has worked to strengthen its restrictions.

Now, the new legislations of both states are being put to the test.

New York State's abortion laws are among the most robust when it comes to protecting the health and choice of pregnant people.

In New York, anyone is eligible to receive an abortion at any point up to 24 weeks of pregnancy. Someone can still get an abortion after 24 weeks if the physical or mental health of the person is at risk or if a fetus is deemed not viable by a medical professional. New York also has protections in terms of confidentiality and insurance coverage for abortions.

In Louisiana, it's a very different story.

Louisiana has some of the most restrictions on abortions. Overall, abortions are fully banned in Louisiana with a few very specific exceptions. There are zero protections in Louisiana's state constitution when it comes to access and the right to an abortion.

In September of 2024, Louisiana passed a law that reclassified abortion pills mifepristone and misoprostol as controlled substances. As NBC News reported, if someone is in possession of either drug without a prescription, they could be criminally charged up to 5 years in prison.

The issue is, Louisiana has made it extremely difficult to gain a prescription since abortions are banned in the state.

New York Doctor Sends Abortion Pills to Louisiana

On Friday, January 31, a doctor from New Paltz, NY was indicted in West Baton Rouge, Louisiana because said doctor prescribed mifepristone to a Louisiana teenager. The criminal charge is considered a felony in Louisiana.

Mifepristone can be taken to end a pregnancy within the first 10 weeks. According to Reuters, "Medication abortion accounts for more than half of U.S. abortions."

New York Challenges Louisiana Charges

Following the criminal indictment, both Governor Kathy Hochul and New York Attorney General Letitia James have released statements and action plans.

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Governor Hochul released a statement in the middle of the afternoon on January 31st, immediately addressing the charges. In her video message, Hochul emphasizes the Shield Laws that were put into place shortly after Roe v. Wade was overturned.

She then speaks directly of this case,

"I will never, under any circumstances, turn this doctor over to the State of Louisiana under any extradition request."

 

On Monday, February 3rd, Governor Hochul signed another round of new legislation "affirming New York's status as a safe haven for reproductive health care."

The new law allows "providers who prescribe medications used to perform abortions to request that the dispensing pharmacy print the name of their practice on prescription labels instead of their personal name."

New York AG Letitia James also released a statement on January 31st criticizing Louisiana for the indictment saying,

"This cowardly attempt out of Louisiana to weaponize the law against out-of-state providers is unjust and un-American."

We will be sure to follow this historic story as more unfolds.

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