Tipsheet

GOP Attorneys General Go After Shield Laws Protecting Abortion Providers

More than a dozen states are urging Congress to abolish abortion shield laws, which protect abortion providers from liability for violating pro-life laws in other states.

According to The Hill, 15 attorneys general from Republican-led states sent a letter to Senate Majority Leader John Thune (R-SD), House Speaker Mike Johnson (R-LA), Senate Minority Leader Chuck Schumer (D-NY), and House Minority Leader Hakeem Jeffries (D-NY) on the matter. 

In the letter, the attorneys general argued that the shield laws interfere with states’ ability to enforce criminal laws.

“We, the undersigned Attorneys General, write urging Congress to consider taking action preempting abortion shield laws. Since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Org., several States have greatly restricted or prohibited abortion, including non-surgical abortions that rely on the use of abortion drugs. In response, different States passed laws purporting to ‘shield’ abortion providers from liability and prosecution for performing or aiding in abortions in other States,” the letter stated. “These laws are blatant attempts to interfere with States’ ability to enforce criminal laws within their borders and disrupt our constitutional structure.”

“Shield laws also raise serious constitutional concerns. For example, they violate the Full Faith and Credit Clause of the Constitution because they do not give ‘full faith and credit’ to the judicial proceedings occurring in other States,” it continued.

“Congress should consider stepping in to remedy this problem,” their letter reads. “Instead of allowing pro-abortion States to disrespect the decisions of other States regarding abortion and trample the Constitution, Congress should assess whether it should tackle this issue head on with legislation that preempts state shield laws.”  

Susan B. Anthony Pro-Life America responded to the letter. 

“Thank you [Attorney General Tim Griffin] and the 15 GOP AGs who signed a letter to Congress spreading awareness on unconstitutional shield laws. Blue states have no right to shield abortion drug distributors when they break the laws, harm women, and kill unborn children in pro-life states,” the organization posted on X.

Late last year, Townhall covered how Texas Attorney General Ken Paxton sued a New York doctor for allegedly sending abortion pills via mail to a pregnant woman in his state. Texas has pro-life laws on the books protecting unborn life. The New York Times reported that New York has shield laws affirming that they will not cooperate with attempts by states to prosecute abortion providers who provide “telemedicine” abortions.