Uncertainty Looms for Gender-Affirming Care in Reconciling Conflicting Federal and State Laws

In the aftermath of Dobbs v. Jackson Women’s Health Organization in 2022, New York became one of eight states that subsequently enacted a “telemedicine abortion shield law” intended to protect abortion providers who prescribe abortion pills – such as mifepristone – to patients in other states. Testing the shield law’s legalities, in January, Louisiana indicted a New York physician for prescribing abortion pills to one of its residents. Earlier this month, the same physician was civilly fined $100,000 by the Texas Attorney General under similar circumstances involving a patient residing within its jurisdiction. Both Texas and Louisiana enforce strict near-total bans on abortion. These cases highlight the deep political divide that exists among the states with regard to abortion and at least one of these cases is expected to make its way to the U.S. Supreme Court.