Three States Ask Supreme Court to Challenge Shield Laws

Louisiana, Alabama and Arkansas have asked the U.S. Supreme Court to take up a direct challenge to abortion shield laws in California, New York and Massachusetts, arguing the protections interfere with their ability to enforce state abortion restrictions. The court has not decided whether to hear the case, and the states’ challenge has not been resolved on its merits. The three states’ attorneys general announced the original action on September 30. They want the Supreme Court to declare the shield laws unconstitutional and prevent officials in the three defendant states from enforcing them. The laws generally protect providers from certain out-of-state investigations, lawsuits and extradition efforts related to abortion care that is legal where the provider is based. The plaintiff states argue that those protections obstruct enforcement of their own laws by limiting cooperation with investigations and efforts to bring providers to court. Their claims are allegations, not findings by a court. Before considering the constitutional arguments, the Supreme Court must decide whether to accept the states’ request to hear the dispute directly.