Gold and Patel Quoted in InsideHealthPolicy on Texas Medication Abortion Case

Manatt Health Partner and Associate were quoted in an InsideHealthPolicy article about how New York’s shield law may be challenged after a Texas civil case alleged that a New York doctor prescribed abortion drugs to Texas residents through telehealth.  

In the Texas Attorney General’s case filed against the New York doctor, the Attorney General requested the court to impose temporary and permanent injunction on the doctor as well as significant monetary penalties. Gold said that the filing could result with Texas either requesting New York state courts to issue a subpoena to gather evidence against individuals during the case or, if Texas wins, requesting New York courts to help enforce monetary judgment against the doctor. In either outcome, New York could deny the requests by citing shield law, of which Texas could then challenge the constitutionality. “A federal lawsuit would most naturally be brought in New York because it is a challenge to the constitutionality of a New York statute and New York officials would be the defendants, but the Texas AG could try to file in federal court in Texas instead,” said Gold. 

With discussion around whether states can ban FDA-approved medication, a doctor could theoretically argue that Texas’ ban on the abortion drugs is prevented by federal law, which would lead to questions about FDA preemption, according to Gold and Patel. “There’s a developing argument that the FDA’s judgment on safety and efficacy should preempt any state’s individual disagreement with the FDA’s opinion. This is pretty untested ... I wonder if it’ll come up in this Texas lawsuit,” said Patel. 

InsideHealthPolicy subscribers can read the full article .