In what is believed to be the first criminal case of its kind in the post–Roe v. Wade era, a New York-based telemedicine provider has been indicted in Louisiana—which has one of the strictest abortion bans in the country—for supplying the abortion pill to a teenage patient in that state.
The Louisiana indictment against Dr. Margaret “Maggie” Carpenter signals a major escalation in legal challenges by red states against telemedicine providers in blue states who are dispensing abortion drugs under shield laws meant to protect them from prosecution. As my Mother Jones colleagues have reported, those shield laws—which are on the books in 22 states and the District of Columbia—are a major reason why the number of abortions has continued to rise despite the overturn of Roe in June 2022.
The Louisiana case involves a pregnant minor whose mother allegedly purchased abortion medications from Carpenter’s business, Nightingale Medical PC, in April 2024, The Advocate reported. In addition to Carpenter, a grand jury in West Baton Rouge Parish also indicted the mother for allegedly coercing her to take the medicine to terminate the pregnancy. The felony charge against the two women carries a sentence of up to five years in prison and up to $50,000 in fines, WWNO reported.
The indictment comes as the anti-abortion movement has ramped up attacks on the abortion pill on multiple fronts—from pressuring the new Trump administration to reconsider the safety of mifepristone and use the Comstock Act to institute a federal abortion ban, to filing lawsuits challenging the FDA’s regulation of the drug, to introducing a flurry of new bills targeting medication abortion in numerous states. These include Louisiana, which last year became the first state to reclassify mifepristone and misoprostol, the drugs commonly used in medication abortions, as “controlled dangerous substances.” As my colleague Julianne McShane reported:
To say that this designation—the same one applied to opioids and other addictive drugs—is without scientific or medical merit is an understatement. More than 100 studies have found that mifepristone and misoprostol offer a safe and effective way to terminate a pregnancy.
Abortion foes have also begun to challenge the shield laws that blue states have been enacting to protect telemedicine abortion providers operating from within their borders. In December, Texas Attorney General Ken Paxton brought a civil suit accusing the same New York doctor—Carpenter—of prescribing abortion pills to a 20-year-old woman near Dallas. But the Texas case doesn’t involve criminal charges; instead, Paxton is seeking an injunction against Carpenter, $100,000 in civil penalties for each violation of Texas law, and legal costs.
Officials in New York, which enacted its abortion shield law in 2023, immediately criticized today’s indictment. “This cowardly attempt out of Louisiana to weaponize the law against out-of-state providers is unjust and un-American,” New York Attorney General Leticia James said in a statement. Meanwhile, Governor Kathy Hochul promised to “never back down from this fight…. We will remain a safe harbor.”
But Louisiana prosecutors defended the charges, which were brought under a 2022 statute that makes it a crime to “knowingly [cause] an abortion to occur by means of delivering, dispensing, distributing, or providing a pregnant woman with an abortion-inducing drug.” Tony Clayton, district attorney of an area that includes West Baton Rouge Parish, told The Advocate, “The daughter wanted the pregnancy and had a reveal party planned.”
“The allegations in this case have nothing to do with reproductive health care,” Louisiana Attorney General Liz Murrill echoed in a statement. “This is about coercion. This is about forcing somebody to have an abortion who didn’t want one.”
Louisiana’s near-total abortion ban, which doesn’t include exceptions for rape or incest, targets physicians in the state with up to 15 years in prison, $200,000 in fines and the loss of their medical licenses. Last year’s law reclassifying abortion medications as controlled substances carries penalties of up to five years in prison and a $5,000 fine. Both laws specifically exempt pregnant women.
This story has been updated to correct Carpenter’s name.
