Pro-Abortion Shield Laws May Violate U.S. Constitution, Undermine State Laws: A.G. Letter

On Tuesday, Attorney General Tim Griffin issued four cease-and-desist letters to companies responsible for marketing abortion pills to Arkansans and sent a letter to Washington urging congressional leaders to consider measures to help states enforce their pro-life laws.
Arkansas generally prohibits abortion except to save the life of the mother, and state law prohibits abortion drugs from being delivered or distributed in the state. However, pro-abortion states are enacting “shield laws” to protect abortionists who ship abortion drugs across the country. Attorney General Griffin says entities in these states are deliberately targeting women in Arkansas and elsewhere.
Family Council previously reported how Arkansas Attorney General Tim Griffin said his office is leading a letter along with 15 other state attorneys general asking congress to address these pro-abortion “shield laws.” Below is a little more information about the letter itself — and what congress might do to address these pro-abortion laws.
The A.G.’s letter to leaders in the U.S. House and Senate outlines some of the legal problems with these pro-abortion “shield laws.”
For example, the letter argues that “shield laws” violate the U.S. Constitution’s Full Faith and Credit Clause, because they fail to give full faith and credit to state laws prohibiting mail-order abortion drugs. The letter says,
When New York or California refuses to respect a criminal prosecution or a civil judgment against an individual who is accused of violating the abortion laws of another State, they are refusing to give full faith and credit to that State’s judicial proceedings.
The letter also argues that “shield laws” could violate the Extradition Clause of the U.S. Constitution.
The letter urges congress to “assess whether it should tackle this issue head on with legislation that preempts state shield laws.”
Abortion drugs don’t just kill unborn children. They also hurt women.
A recent study by the experts at the Ethics and Public Policy Center shows abortion drugs are at least 22 times more dangerous than previously thought.
The study found that from 2017 to 2023, nearly one in nine women suffered serious health complications like sepsis, infection, and hemorrhaging as a direct result of the abortion drugs.
We appreciate Attorney General Griffin’s leadership on this issue and his willingness to stand up for Arkansas’ pro-life values. Abortion drugs simply should not be for sale in America — and abortionists certainly should not be free to break Arkansas law by mailing them into the state.
You Can Read the A.G.’s letter to Congress Here.
You Can Click Here to Read The A.G.’s Cease-and-Desist Letters to Possibility Labs of San Francisco; Mayday Medicines Inc. of New York; Dreamscape International of Singapore; and Cloudflare of San Francisco.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.