By Frank Ruscito
Journal of Global Rights and Organizations, Associate Articles Editor
On September 30th, 2026, Louisiana, Arkansas, and Alabama filed a lawsuit with the United States Supreme Court to overturn ‘Shield Laws’ enacted in the wake of the Dobbs’ decision. These laws ensure medical professionals practicing in pro-choice states are protected from legal action by state governments that deny patient access to reproductive care.
Governor Kathy Hochul and pro-choice activists, including Dr. Margaret Carpenter, at the signing of the New York State’s “Shield Law” on December 19th, 2025 (Photo Credit: Center for Reproductive Rights)
Washington, D.C – The filing, Louisiana; et al. v. New York; et al., asserts that the defendant states are engaged in a scheme to nullify the decision to overturn Roe made in Dobbs v. Jackson Women’s Health Organization by circumnavigating state level abortion bans. They present a legal theory that the defendant states have violated multiple constitutional provisions including the Full Faith and Credit Clause, the Equal-Sovereignty Doctrine, and the Commerce Clause prescription on the interstate transfer of goods, in this case medications banned for purchase or use by state law.
The rapid closure of reproductive health facilities following Dobbs has led to one in five women in the US reporting that they are geographically isolated from any form of contraceptive care. This collapse in women’s health services is reflected in all three of the plaintiff states, being ranked 46th to 50th in a national ranking of quality of women’s health care. Reproductive rights activists and medical professionals have created inroads into southern states through telehealth prescription services and the mailing of medication intended to empower patients to exercise agency over their right to become or remain pregnant. This has led to a series of lawsuits directed at New York medical personnel by plaintiffs in Texas and Louisiana for civil damages alleging harm from prescribed medications including the case of Dr. Margaret Carpenter, which resulted in a call for extradition by Louisiana Governor Jeff Landry to face criminal charges and potentially up to 15 years in prison for providing prescription medication. As of this writing New York Governor Kathy Hochul has declined to extradite Dr. Carpenter in line with the state’s ‘Shield Framework’ and has described the attempted removal as political theater on behalf of state Republicans in Louisiana.
With the 2022 Dobbs decision, the United States has been designated as one of four countries to curtail access to abortion following legalization. In a stunning turn Michelle Bachelet, UN High Commissioner on Human Rights, at the time of the decision was forced to comment, claiming that the outcome was a threat to the rights of millions of women, particularly those who are poor or from minority backgrounds. This judicial outcome was championed by the Republican Party and its ideological perspective on the purported immorality of abortion has been extended by the Trump administration’s foreign policy approach. The 2025 reinstatement of the Mexico City Policy or “Global Gag Rule” with regards to family planning services internationally has resulted in the United States being identified as a contributor to the erosion of women’s health resources globally.
“The Global Gag Rule” predicates funding for women’s health care on ending public support for abortion. It creates a conditional metric that limits international aid organizations from providing complete women’s health care based on their acquiescence to American domestic political prerogatives. This policy as well as other attempts by Trump administration to withdraw from women’s health efforts have imperiled women’s health globally. Almost 11.7 million women and girls across the globe are estimated to have lost access to contraceptive care due to American withdrawals from global sexual and reproductive health efforts.
The United Nations Gender equality chief has stated that this confluence of new legal barriers on women’s reproductive freedom and influence by political actors in the United States and other nations have weakened the legal position of women worldwide. Based on reports published by the United Nations there has been an observable backslide in women’s rights that began with the current legal regime in the United States. Under the current United States administration’s focus on Republican social prerogatives and historical trends regarding the “The Global Gag Rule” during previous Republican administrations it is likely that American disengagement from global women’s health care will continue and this may lead to a further erosion of women’s reproductive rights in the United States and abroad.
For further information, please see:
ABC – Louisiana, Alabama and Arkansas challenge New York’s abortion protections – 30 Sept 2026
Focus 2030 – State of gender inequality in the world – 2025 edition
Center for Reproductive Rights – U.S. Abortion Rights in the Global Context
Office of Governor Jeff Landry – Governor Jeff Landry Signs Extradition Warrant for New York Doctor -13 Feb 2025
ABC – Hochul won’t extradite abortion doctor to Louisiana – Feb 13, 2025
World Metrics – Reproductive Rights Statistics | 2026 Edition
PubMed Central – The State of International Human Rights Law on Sexual and Reproductive Health: An Overview – 27 Dec 2025
The Commonwealth Fund – 2024 State Scorecard on Women’s Health and Reproductive Care – 18 July 2024
The Federal Register – Federal Register :: The Mexico City Policy – 24 Jan 2025
UN News – Women’s rights are regressing worldwide, warns UN gender equality chief – 4 March 2026
