Attorney General James Defends New York’s Shield Law Against Texas Attack

NEW YORK – New York Attorney General Letitia James today announced that she is intervening to block the Texas attorney general's attempts to use New York courts to enforce Texas’s abortion bans. The Texas attorney general is suing a New York county clerk after his office was blocked from filing papers to collect a $113,000 judgment against a New York doctor who provided safe, legal telehealth abortion care. His lawsuit challenges New York’s shield law, which protects providers and patients by preventing state and local officials from helping out-of-state prosecutions for abortion or gender-affirming care. Today, Attorney General James formally intervened in the lawsuit to defend the constitutionality of the shield law and ensure out-of-state extremists cannot use New York’s courts to advance their anti-abortion agenda.

“I am stepping in to defend the integrity of our laws and our courts against this blatant overreach,” said Attorney General James. “Texas has no authority in New York, and no power to impose its cruel abortion ban here. Our shield law exists to protect New Yorkers from out-of-state extremists, and New York will always stand strong as a safe haven for health care and freedom of choice. I will fight every last attempt to roll back our rights and turn back the clock on reproductive freedom.”

Passed in 2023 after the U.S. Supreme Court overturned Roe v. Wade, New York's shield law protects reproductive and gender-affirming care providers who offer health care that is fully legal in New York. The law prohibits public officials from enforcing out-of-state subpoenas, judgments, arrests, or extraditions in cases targeting providers, and extends these protections to reproductive health care providers offering telehealth care in New York.

In December 2024, the Texas attorney general sued a New York doctor in Texas court for providing abortion telehealth care from her clinic in Ulster County. After a Texas judge issued a $113,000 judgment against the doctor, the attorney general attempted to bring his case to New York courts, asking the Ulster County Supreme Court to enforce the judgment and help collect the money awarded in Texas. The county clerk rejected the filing under New York’s shield law, which bars courts and officials from using state resources to enforce out-of-state punishments against protected health care providers. In response, the Texas attorney general sued the clerk and challenged New York’s shield law, claiming the law violates the Constitution’s Full Faith and Credit Clause.

Now, Attorney General James is stepping in to defend the shield law. Today, she formally notified Ulster County Supreme Court Judge David Gandin that she is intervening in Texas’s lawsuit, invoking her authority to defend New York laws that are challenged in court. In a filing later this month, Attorney General James will argue that Texas cannot commandeer New York’s courts to enforce its punitive abortion laws, and that New York has the legal right and responsibility to safeguard its residents, its providers, and its courts from out-of-state overreach.

This case is part of a growing effort by anti-abortion politicians to extend their bans across state lines and punish providers and medical professionals who continue to offer abortion and reproductive health care. Attorney General James is standing up to protect New York’s sovereignty and to ensure that one state’s politics cannot dictate the health care choices of people in another.

"At a time when reproductive freedom is under unprecedented attack, our state and its leaders must do everything in their power to protect those seeking abortion care and the providers delivering it,” said Robin Chappelle Golston, President and CEO of Planned Parenthood Empire State Acts. “We are incredibly fortunate to have an attorney general who embodies this commitment and is a tenacious defender of our freedoms."

“As we are seeing more extremists in other states trying to encroach on our fundamental freedoms, New York’s leadership has been critical in fighting back. The steps Attorney General James has taken, from enforcing a shield law to implementing the ballot measure, are all paramount to stopping a nationwide abortion ban,” said Mini Timmaraju, President and CEO of Reproductive Freedom for All. “Attorney General James’ decisive actions are exactly what we need in this crisis, and we’re grateful to her office for defending New Yorkers and ensuring providers and patients are protected from this dangerous overreach.”

“We’re elated that Attorney General James is taking action against this latest attempt by the state of Texas to impose its abortion ban across state lines,” said Nancy Northup, President and CEO of the Center for Reproductive Rights. “For the many women who are unable to leave Texas for abortion care, using telehealth to get abortion pills has been a lifeline. The Texas Attorney General filed this lawsuit to intimidate doctors and cut off this critical lifeline for the women in his state. We can’t let that happen.”

“Everyone – regardless of race, income, or geography – deserves the freedom to make their own reproductive decisions, without political interference. Texas Attorney General Paxton’s flagrant attempts to export Texas’s abortion bans to New York underscore why shield laws are so essential,” said Christian LoBue, President of the National Institute for Reproductive Health. “They protect patients, providers, and anyone who helps them,  especially young people, immigrants, people with low incomes, and others who may be unable to travel out of state to access abortion care. Attorney General James’ steps today to defend the constitutionality of this shield law are critical for promoting bodily autonomy for all.”

“Today, Attorney General James is standing up to protect New Yorkers from abortion opponents in Texas’s relentless attacks on women’s rights nationwide,” said Julie F. Kay, human rights attorney and author. “New York has been a leader in making sure that telemedicine abortion, a proven safe and effective method of care, remains legally available nationwide. Attorney General James is to be applauded for her strong work to protect reproductive health as a human right by enforcing New York's telemedicine abortion shield law.”

Since Roe was overturned, New York has led the nation in safeguarding reproductive rights, enacting one of the strongest shield laws in the country and expanding access to care. Today’s intervention is the latest in Attorney General James’ efforts to defend access to reproductive care and protect reproductive freedom. In July, Attorney General James sued to stop the federal government from defunding Planned Parenthood. In June, Attorney General James filed a petition asking the U.S. Food and Drug Administration (FDA) to eliminate unnecessary and outdated restrictions on the abortion medication mifepristone. Also in June, Attorney General James led 21 other attorneys general in reminding hospitals of their obligation to provide emergency abortion care. In May, Attorney General James led a multistate effort to protect abortion providers from dangerous certification requirements. In March, Attorney General James won her lawsuit against militant anti-abortion group Red Rose Rescue for blocking access to abortion care in New York. In October 2024, Attorney General James filed an amicus brief urging a federal court to maintain access to emergency abortion care and filed an amicus brief in support of access to Mifepristone. In May 2024, Attorney General James sued an anti-abortion group and 11 crisis pregnancy centers for promoting unproven abortion reversal treatment. 

For more information on New York’s shield law, visit the Office of the Attorney General’s website.