Republican States Call on Congress to Block Pro-Abortion Shield Laws

More than a dozen Republican-led states are calling on Congress to ban so‑called abortion shield laws—statutes in pro-abortion states that protect providers from liability for breaking anti-abortion laws elsewhere.

In a July 29 letter to congressional leaders in both chambers, Republican attorneys general from 15 states described the laws as an affront to federalism and a challenge to the Supreme Court’s Dobbs ruling, which returned abortion policy to states.

The letter’s signatories say that abortion shield laws allow doctors in states such as California and New York to defy bans elsewhere—including by mailing abortion drugs into states where the procedure is illegal—while evading extradition or civil penalties.

The attorneys general argue that the laws violate the Full Faith and Credit Clause, requiring states to honor one another’s court rulings, and the Extradition Clause, which mandates returning criminal suspects to the state seeking prosecution.

“Congress should consider stepping in to remedy this problem … Congress should assess whether it should tackle this issue head-on with legislation that preempts state shield law,” the attorneys general wrote.

“This may ensure that each State retains the ability to restrict abortions as it sees fit within its borders without interference from other States and preserves federalism principles.”

Arkansas Attorney General Tim Griffin, who spearheaded the letter, said at a Tuesday press conference in Little Rock that “this is not about me enforcing New York’s law or vice versa.”

“It’s about one state interfering … with the enforcement of another state’s law,” Griffin said.

New York is refusing to extradite Dr. Margaret Carpenter, a New York-based doctor who was indicted by a Louisiana grand jury earlier this year for allegedly violating that state’s abortion ban by mailing abortion pills to a Louisiana patient. At a press conference in Manhattan in February, New York Gov. Kathy Hochul referenced New York’s abortion shield laws in refusing to sign the extradition.

“Louisiana has changed their laws, but that has no bearing on the laws here in the state of New York,” Hochul said. “Doctors take an oath to protect their patients. I took an oath of office to protect all New Yorkers, and I will uphold not only our constitution, but the laws of our land.”

Hochul added: “So let me be clear: I will not sign Louisiana’s extradition order—not now, not ever.”

Louisiana Gov. Jeff Landry criticized his New York counterpart for “protecting criminals over victims” in a post on social media.

By contrast, the New York County Lawyers Association commended Hochul for the move.

“The leaders of the New York County Lawyers Association, together with our Reproductive Rights Task Force, are proud to stand with Governor Hochul and Dr. Carpenter, and to support efforts to ensure access to comprehensive, compassionate abortion care, free from legal intimidation,” the group said in a statement.

New York’s shield law bars state and local authorities from cooperating with out-of-state investigations or extradition requests related to reproductive health services that are legal in New York, including abortions.

“Extradition is permissible only if Dr. Carpenter’s act is a crime in both New York and Louisiana,” the group wrote. “That is not the case here—providing medication abortion services by mail is perfectly legal in New York.”