The Criminalization of Abortion Providers: A Dangerous Escalation
The post-Dobbs legal landscape is shifting in an increasingly hostile direction for abortion providers. Last week, Louisiana brought criminal charges against an abortion provider. Dr. Maggie Carpenter was indicted for allegedly mailing abortion pills to a Louisiana teenager, and her case is shaping up to be a test of how far anti-abortion prosecutors are willing to push criminal penalties for reproductive healthcare.
But Carpenter’s indictment is just one piece of a larger strategy by anti-abortion activists and Republican politicians: using the courts to intimidate providers, restrict access, and ultimately push a case to the conservative-leaning Supreme Court.
The Targeting of Dr. Maggie Carpenter
Carpenter’s legal troubles didn’t begin in Louisiana. Last month, Texas Attorney General Ken Paxton filed a civil lawsuit against her, claiming she illegally provided abortion pills to Texans. The case follows a familiar pattern: Texas has aggressively pursued out-of-state providers who offer telehealth abortion services to patients within its borders. Now, Louisiana’s charges represent an even more alarming escalation—turning abortion care into a criminal act, not just a civil violation.
Adding to the cruelty, Louisiana authorities also arrested the teen’s mother, claiming she coerced her daughter into seeking an abortion. This aligns with a growing anti-abortion tactic of weaponizing "abortion coercion" laws to punish parents, partners, or even friends who help someone access reproductive care.
The Broader Legal Crackdown on Providers
Dr. Margaret Daley Carpenter is also being sued by Texas for prescribing abortion medication to patients in the state—even though telemedicine laws typically allow providers to practice across state lines. (See our prior post about this). The case could set a dangerous precedent, effectively criminalizing abortion care across state borders.
These lawsuits reflect a coordinated effort to erode abortion access by intimidating providers, even in states where abortion remains legal. Texas, in particular, has positioned itself as a legal battleground, passing laws that allow private citizens to sue anyone who "aids or abets" an abortion. This strategy is now expanding to state attorneys general, who are seeking to impose their abortion bans beyond their borders. Thankfully the New York AG, Letitia James, is a rockstar who supports Shield laws and Dr. Carpenter and has said that “the attempt to weaponize the law against out-of-state providers is unjust and un-American.” Additionally, thankfully, New York Governor Kathy Hochul said the state would not comply with an extradition request for the doctor's arrest and said they would shield her.
The Supreme Court Endgame
Louisiana’s Attorney General Liz Murrill appears to believe she has found the perfect case to bring before the Supreme Court: one that involves a teenager, alleged coercion, and a high-profile provider. Anti-abortion activists have long sought a case that could establish new legal precedent, further restricting abortion at the federal level.
Their goal? A ruling that expands states’ ability to prosecute out-of-state providers or criminalizes abortion more broadly under federal law. Given the Supreme Court’s current composition, there is a real risk that such a case could succeed.
What This Means for the Future of Reproductive Care
The criminalization of abortion providers is a chilling sign of what’s to come. These cases serve as both a warning and a test: Can states successfully target providers in safe-haven states? Will abortion care—already restricted—become functionally impossible to access, even in blue states?
As these legal battles play out, reproductive rights advocates must prepare for the worst. The push to criminalize abortion providers will not stop with Dr. Carpenter. It is part of a larger strategy designed to dismantle abortion access entirely.
Now more than ever, abortion providers, advocates, and patients need to stand together. Because if we don’t fight back, these legal attacks won’t stop at providers—they will come for anyone who seeks or supports reproductive healthcare.
To learn more about this, check out these articles:
New York Times: New York Doctor Indicted in Louisiana for Sending Abortion Pills There
Abortion Every Day: Louisiana Indicts New York Abortion Provider, Arrests Mother
Donate to Dr. Carpenters organization: The Abortion Coalition for Telemedicine here
