In response to the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many pro-abortion states have enshrined abortion rights in their laws. Some have gone even further, by enacting laws that protect abortionists and force their abortion views on pro-life states. One way that pro-abortion states have done this is with shield laws.
Over Twenty States Have Shield Laws
To date, twenty-two states and the District of Columbia have some form of shield law. These laws “shield” abortionists in pro-abortion states from civil, criminal, and/or professional liability for causing an abortion in a pro-life state, including when abortionists prescribe mail-order chemical abortion drugs across state lines. For example, abortionists in states with shield laws cannot be brought to court for damages caused by practicing abortion illegally in pro-life states; they cannot be extradited—removed from the shield law state and sent to a pro-life state for judgments; they cannot lose their medical licenses for practicing medicine even outside of their jurisdiction, and without being licensed to practice medicine in pro-life states. Thus, a fundamental problem with shield laws is that they allow an abortionist to operate illegally in pro-life states.
Shield Laws Raise Numerous Issues for Women and Unborn Children
Consequently, shield laws raise numerous health and legal issues for pro-life states, pregnant women, and unborn children. Besides the fact that these laws allow abortionists to kill unborn children who are supposed to be protected by states’ pro-life laws, shield laws also endanger women. This is especially evident in cases involving abuse. There are increasing reports where women who wanted their children were forced to take the abortion pills by violent or deceitful family members, boyfriends, or husbands. These pills are often purchased by abusive family members using the woman’s name. Further, since these illegal abortions take place over the internet, they have all the issues associated with telemedical abortions. Without an in-person visit, an abortionist is unable to verify that a woman is under the 10-week threshold for chemical abortion drugs or diagnose an ectopic pregnancy or rhesus immunization. Additionally, abortionists who prescribe mail-order abortions often do not have a medical license in the states where they are sending abortion drugs. Thus, they are violating state and medical board laws which require licensing to ensure high standards of care. Without a license, doctors have no legal duty to ensure patient health and safety, thus risking the lives of patients.
Shield laws also violate the Full Faith and Credit Clause and the Extradition Clause of the United States Constitution. The Full Faith and Credit Clause states that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” This clause is meant to bring unity of judgment to the states. If a state court issues a judgment, other states must respect that judgment. Shield laws, however, ignore this clause. Currently, Louisiana and Texas have brought suits against certain abortionists in New York and California. Like other states with shield laws, California’s law specifies that it will not enforce judgments from pro-life states against abortionists. This leaves pro-life states without a way to enforce judgments against abortionists.
The Extradition Clause provides:
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the Crime.
Ordinarily, this clause prevents criminals from seeking sanctuary by fleeing to other states. Governors from California and New York, however, citing their shield laws, have refused to extradite abortionists to pro-life states for trials. One of New York’s shield laws states that it will not extradite any medical professionals to answer charges of abortion unless they were physically present in the pro-life state during the abortion. This argument, however, contradicts modern principles of personal jurisdiction over persons who allegedly committed crimes using the internet. By intentionally remaining outside of pro-life state borders, abortionists who perform illegal abortions in those states are evading—and thus fleeing—justice.
Threats to Human Life Need to be Challenged
Shield laws are the latest threat to human life, as pro-abortion activists attempt to stop pro-life states from effectively enforcing their laws and interfere with the practice of medicine in those states. Shield laws allow abortionists to violate health and safety laws and encourage dangerous telemedical abortions. Further, they violate the U.S. Constitution. To protect women and children across the nation and the pro-life laws that safeguard their lives, it is critical that shield laws be challenged and invalidated.
Americans United for Life offers policy solutions to limit the harmful effects of abortion shield laws. The Chemical Abortion Accountability Act gives women the ability to stop the harm of mail-order chemical abortion and hold abortionists accountable. Additionally, the Preborn Infants Wrongful Death Act permits a plaintiff to pursue a civil wrongful death claim against an abortionist who unlawfully kills a preborn child. Please contact our policy experts to learn more about legal solutions for your pro-life state to combat shield laws.
