Of the many subjects that evoke passionate reactions from both sides of the argument, few can hold a candle to the blazing disagreement over abortion. After the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization in 2022, the disagreement became a problem for each state to address. The consequences of that decision are still being played out.
At the forefront are legal battles between states that have partial or total abortion bans and others that actively protect abortion rights and providers. Texas and New York have each drawn a line in the sand on opposite sides. The two attorneys general for those states are involved in a case over a New York doctor who prescribed abortion pills to a patient in Texas, which is illegal under Texas state law.
Meanwhile, state legislatures continue to pass laws that directly contradict those of other jurisdictions. Do one state's laws carry more legal weight than another's? What is likely to be a parade of cases seeking clarification in front of SCOTUS may offer some clarity in the future, but for now, the battles will be waged in state and lower federal courts.
Help From Another State
The Dobbs ruling ended the constitutional right to abortion in the first trimester. Anticipating the end of Roe v. Wade, some states had trigger bans that immediately went into effect. Others passed legislation that either severely restricted or outright banned the procedure.
In addition, states began passing punitive measures for residents who got abortions by traveling to states where it was still legal. They also began to crack down on anyone receiving pills used for chemical abortions via telemedicine.
To protect both the patients and the practitioners administering them, several states passed shield laws. These laws prohibit officials from aiding other states in the prosecution of physicians administering abortions. They defy extradition demands, subpoenas, and requests for patient information. New York recently increased the authority of its shield law in anticipation of escalation from states like Texas and Louisiana.
And So It Begins
Texas lawmakers argue that shield laws prohibit the state from enforcing its own laws. Texas recently passed a bill granting citizens the legal right to sue anyone who contributes to the abortion of a Texas resident. The law also claims that shield laws are not a permissible defense.
In December 2024, Texas Attorney General Ken Paxton filed suit against a New York doctor for sending doses of mifepristone and misoprostol to a patient in Texas. Protected by New York's shield law, the doctor didn't respond.
A Texas court issued a default ruling of $113,000 against her. Paxton attempted to have a New York court demand payment. After being rebuffed by a clerk following the guidelines of the shield law, Paxton filed a challenge against the court official in the New York State Supreme Court in July 2025. The ante was upped by New York Attorney General Letitia James on September 8, who indicated the state intended to stand behind the clerk and New York's shield laws.
Paxton insists that New York needs to respect the Full Faith and Credit Clause of the U.S. Constitution, which encourages cooperation between states. However, the situation is a bit more complicated, given that what's illegal in Texas is a protected right in New York.
While this case is likely to catch many of the headlines, it's far from the only abortion-related legal maneuvering going on. Abortion opponents have filed federal lawsuits challenging state shield laws by invoking the Comstock Act, a 19th-century law that banned contraceptives and forbade the mailing of "obscene" materials. Some Texas lawmakers want to use the Comstock Act to prohibit mailing mifepristone and other medications that chemically end pregnancy.
On the other side, California is expected to pass a bill that will protect both doctors and patients by removing the requirement to have their names on prescription bottles for abortion medication. Given the number of pharmacies in the state that ship these pills, it could have a profound effect on keeping abortion accessible nationwide.
For now, the law remains unclear for some people in states with partial or total abortion bans.
Related Resources
- Abortion Laws: What's Required To Get an Abortion? (FindLaw's Family Law)
- 1849 Abortion Ban Struck Down by Wisconsin Supreme Court (FindLaw's Courtside)
- Reproductive Rights: U.S. Supreme Court Cases (FindLaw's Reproductive Rights)
