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Abortion Access Persists, but So Do the Threats.
The Hastings Center Report
|February 4, 2026
Summary
Shield laws protect reproductive healthcare providers, but legal challenges threaten access. Margaret Carpenter's case highlights how interpreting telemedicine as travel is crucial for upholding the right to healthcare access for all.
Area of Science:
- Reproductive Health Law
- Constitutional Law
- Telemedicine
Background:
- "Shield laws" govern reproductive healthcare when state laws conflict, with the clinician's practice jurisdiction prevailing.
- In 2024, ~100,000 individuals in abortion-criminalizing states received medication abortion via clinicians in states with shield laws.
- Clinician Margaret Carpenter faced legal action in Louisiana and Texas despite practicing in a shield law state.
Purpose of the Study:
- To analyze the legal implications of shield laws in reproductive healthcare.
- To frame the Margaret Carpenter case as a "right to travel" issue concerning telemedicine.
- To examine the potential impact on the constitutional right to travel based on the Supreme Court's interpretation.
Main Methods:
- Legal case analysis of "shield laws" and reproductive healthcare.
- Examination of telemedicine as a modern form of travel.
- Assessment of the potential Supreme Court ruling on state regulation of medicine versus right to travel.
Main Results:
- The Carpenter case challenges the application of shield laws across state lines for reproductive healthcare.
- Framing the case as a "right to travel" case is proposed to protect access.
- A narrow "state regulation of medicine" interpretation could restrict travel rights for those unable to physically travel.
Conclusions:
- The Supreme Court's decision in the Carpenter case will significantly impact reproductive healthcare access.
- Interpreting telemedicine as travel is essential to preserve the constitutional right to travel for medical care.
- Failure to recognize virtual travel could create a two-tiered system, limiting access for those with fewer resources.
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