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What an illegal abortion in Louisiana may portend for Massachusetts practitioners – The Boston Globe

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What an illegal abortion in Louisiana may portend for Massachusetts practitioners – The Boston Globe


Last week, Louisiana prosecutors filed criminal charges against a New York doctor for violating the state’s abortion laws. The facts of the case aren’t fully clear, but prosecutors allege that the doctor mailed pills to a woman who gave them to her minor daughter. When the daughter experienced complications and called 911, law enforcement learned that she’d terminated her pregnancy and discovered the pills had come from out of state.

This marks the first such cross-border prosecution since the Supreme Court reversed Roe v. Wade in 2022, but it almost certainly won’t be the last. So could Massachusetts physicians be next — or even other people who help out-of-state abortion seekers, like those who donate to abortion funds?

And when — not if — those prosecutions come, will Massachusetts’ shield law, which was designed to protect its residents from this sort of criminal consequence, be enough?

Cross-border prosecutions involve a wide range of legal questions, but the most important may be whether states like Louisiana can extradite defendants from shield states like Massachusetts. Extradition is a common feature of criminal stories in the news, and usually, states work with each other to fulfill extradition requests, especially when defendants commit a crime in one state and then flee to another. This cooperation makes sense because most of the time, states agree on what should be criminalized. If a homicide suspect from Maine or Wisconsin ends up in Massachusetts, or vice versa, states are on the same page about what should happen.

That isn’t the case when it comes to abortion: The Massachusetts Supreme Judicial Court has held abortion to be a protected right, and state law not only protects reproductive rights but also shields those who provide it from criminal consequences. Louisiana treats abortion as a felony.

So what happens in extradition fights when states can’t agree? Massachusetts’ shield law supplies one answer: The state can’t extradite defendants in cases related to reproductive rights, including doctors who mail pills from out of state.

Louisiana will certainly push back if New York does refuse to extradite. The Extradition Clause in the federal Constitution states that anyone charged with a felony “who shall flee from Justice, and be found in another State” has to be delivered to the state where the crime occurred. Louisiana and other states like it will try to argue that this language applies to defendants from Massachusetts who mail drugs into their states.

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But there is a history of interpretations of the Extradition Clause that don’t make that any easy argument. Early extradition fights often turned on the nation’s divide over slavery, when states like Massachusetts refused to extradite those charged with aiding people who had escaped. Slavery was at the heart of an 1861 case called Kentucky v. Dennison, which held that the federal government couldn’t force state officials to comply with extradition requests. Dennison was overturned in 1987, when the Supreme Court ruled that federal officials could force state leaders to comply with extradition.

But even then, the court interpreted the Extradition Clause to apply only to a defendant who allegedly committed the crime in the state seeking extradition and later sought sanctuary elsewhere. That isn’t what happened in the Louisiana case: A physician in New York mailed pills without ever leaving that state. It also isn’t what happens with a network of so-called shield physicians who similarly operate out of states that protect abortion and mail pills into states that don’t. And it certainly isn’t what happens when abortion seekers from states with bans travel to places like Massachusetts and receive services or other assistance while they are in the Commonwealth.

It may not matter, however, that shielded doctors in places like Massachusetts have a strong argument under current law. The Supreme Court overturned more than a century of law in overturning Dennison. And the current conservative supermajority hasn’t been especially worried about the fallout from undoing longstanding precedent. After all, the court overturned Roe v. Wade and in doing so, helped to launch the interstate conflicts we see today.

Even if Massachusetts defendants are protected from extradition, cases like this one underscore the limits of current shield laws, which tend to protect their own residents without offering reciprocal safeguards to those from other shield states. And a Massachusetts shield defendant could be in danger even if they visit another state that protects reproductive rights. That’s because most states have laws in place that make cooperation with extradition requests the default unless there is some explicit exception in the law. Without reforms to its shield law, Massachusetts abortion providers might avoid extradition only if they never leave the Commonwealth.

The Louisiana prosecution is only the tip of the iceberg when it comes to cross-border conflicts. We’ve already seen Texas bring a civil action against the New York doctor charged in the Louisiana case. We can also expect to see private citizens suing out-of-state doctors and others for helping their partners or children get abortions. Other cases might involve the scope of free speech protections when prosecutors or plaintiffs in civil suits target information that supposedly facilitates abortion.

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Massachusetts’ shield law was designed for cases like this one, and if precedent is any guide, it should be enough to protect a wide range of defendants. But there’s the rub: It is hard to know now just how long any precedent will last.

Mary Ziegler, a contributing writer for Globe Ideas, is a law professor at the University of California Davis and the author of “Personhood: The New Civil War Over Reproduction,” which will be published in April.





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Massachusetts

Massachusetts senators demand investigation into ICE detainee system

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Massachusetts senators demand investigation into ICE detainee system


BOSTON (WWLP) – A group of senators, including Massachusetts’ Elizabeth Warren, is leading 32 members of Congress in pressing DHS to investigate ICE.

U.S. Sen. Elizabeth Warren (D-Massachusetts) and U.S. Sen. Ben Ray Luján (D-New Mexico), along with U.S. Rep. Veronica Escobar (D-Texas) and U.S. Rep. Lauren Underwood (D-Illinois), led 32 other members of Congress in urging the Department of Homeland Security Inspector General to investigate failures in the Immigration and Customs Enforcement’s (ICE) detainee locator system. The lawmakers contend that without a functional system, the DHS is effectively causing “disappearances” on U.S. soil.

The group of lawmakers requested an evaluation of the Online Detainee Locator System (ODLS), citing reports of inaccuracies that hinder legal representation and increase the risk of deportations.

The DHS Online Detainee Locator System allows the public to determine if a person is in ICE custody and their location. ICE policy mandates updating the ODLS within 8 hours of a person’s arrival at a facility. However, reports indicate individuals are not being accurately added for days and sometimes weeks, with increasing inaccuracy noted since January 2025.

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The failure of the ODLS impacts detainees’ ability to obtain legal representation. Attorneys have reported difficulties filing habeas petitions due to unknown client locations, leading to an increased risk of detainees missing court hearings or case deadlines.

Families have also experienced distress, with some reporting that their loved ones were deported before their location was ever recorded in the system. Massachusetts resident Any Lopez Belloza was deported under such circumstances.

The current scale of detention exacerbates the ODLS issues. There are more than 70,000 people in ICE custody, an 80% increase since December 2024. The Trump administration is detaining people at an unprecedented scale, according to the lawmakers.

Frequent transfers of detainees make ODLS updates more challenging. Matters are further complicated by individuals being held in unconventional settings, including military bases, state-run facilities like “Alligator Alcatraz,” ICE field offices and, soon, warehouses built for storing packages.

Some experts expressed concerns that these issues could be intentional, used by ICE to remove people from jurisdictions with more protective laws or favorable judges. One ICE agent reportedly told a detainee being transferred from California to Indiana that it was “thanks to the laws in California.”

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In their letter, the lawmakers formally requested the DHS Inspector General to address several points to understand the scope of the problem. They specifically asked for information on why the ODLS system has reduced its timeliness, the types of information ICE does not add to the system and the practices ICE employs for updating location information.

The lawmakers concluded their letter by requesting that the DHS Office of Inspector General conduct an evaluation of the matter to understand the problem’s full scope, the reasons for reporting gaps and the impacts on detainees and their families.

All facts in this report were gathered by journalists employed by WWLP. Artificial intelligence tools were used to reformat information into a news article for our website. This report was edited and fact-checked by WWLP staff before being published.

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