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New York County Clerk Blocks Texas Court Filing Against Doctor Over Abortion Pills

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New York County Clerk Blocks Texas Court Filing Against Doctor Over Abortion Pills

A New York county clerk on Thursday blocked Texas from filing a legal action against a New York doctor for prescribing and sending abortion pills to a Texas woman.

The unprecedented move catapults the interstate abortion wars to a new level, setting the stage for a high-stakes legal battle between states that ban abortion and states that support abortion rights.

The dispute is widely expected to reach the Supreme Court, pitting Texas, which has a near-total abortion ban, against New York, which has a shield law that is intended to protect abortion providers who send medications to patients in other states.

New York is one of eight states that have enacted “telemedicine abortion shield laws” after the Supreme Court overturned the national right to an abortion in 2022. The laws prevent officials from extraditing abortion providers to other states or from responding to subpoenas and other legal actions — a stark departure from typical interstate practices of cooperating in such cases.

The action by the New York county clerk is the first time that an abortion shield law has been used.

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This case involves Dr. Margaret Daley Carpenter of New Paltz, N.Y., who works with telemedicine abortion organizations to provide abortion pills to patients across the country. In December, the Texas attorney general, Ken Paxton, sued Dr. Carpenter, who is not licensed in Texas, accusing her of sending abortion pills to a Texas woman, in violation of the state’s ban.

Dr. Carpenter and her lawyers did not respond to the lawsuit and did not show up for a court hearing last month in Texas. Judge Bryan Gantt of Collin County District Court issued a default judgment, ordering Dr. Carpenter to pay a penalty of $113,000 and to stop sending abortion medication to Texas.

On Thursday, citing New York’s shield law, the acting clerk of Ulster County in Kingston, N.Y., Taylor Bruck, said he would not grant Texas’ motion seeking to enforce the Collin County order. He also refused to allow Texas to file a summons that sought to force Dr. Carpenter to pay the penalty and comply with the Texas ruling.

“In accordance with the New York State Shield Law, I have refused this filing and will refuse any similar filings that may come to our office,” Mr. Bruck said in a statement. “Since this decision is likely to result in further litigation, I must refrain from discussing specific details about the situation.”

New York’s attorney general, Letitia James, had previously sent guidance to courts and officials throughout the state, directing them to follow the shield law and indicating how they could comply and which specific actions were prohibited.

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“I commend the Ulster County Clerk for doing what is right,” Ms. James said in a statement. “New York’s shield law was created to protect patients and providers from out-of-state anti-choice attacks, and we will not allow anyone to undermine health care providers’ ability to deliver necessary care to their patients. My office will always defend New York’s medical professionals and the people they serve.”

The Texas attorney general’s office did not immediately respond to a request for comment. Legal experts said that a likely next step would be for Texas to file a challenge to the shield law in a state or federal court in New York.

Texas was the first state with an abortion ban to initiate legal action against abortion providers in states with shield laws. In January, the first criminal charges against a shield-law abortion provider were filed in a second state, Louisiana. In that case, a state grand jury issued a criminal indictment, also against Dr. Carpenter, accusing her of violating Louisiana’s near-total abortion ban by sending pills to that state.

Last month, Louisiana officials issued an extradition order for Dr. Carpenter, which was immediately rebuffed by New York’s governor, Kathy Hochul.

“I will not be signing an extradition order that came from the governor of Louisiana — not now, not ever,” Ms. Hochul said then.

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Dr. Carpenter and her lawyers have not commented about either the Texas or Louisiana case. The Abortion Coalition for Telemedicine, an organization Dr. Carpenter co-founded, has issued statements in response to the cases. “Shield laws are essential in safeguarding and enabling abortion care regardless of a patient’s ZIP code or ability to pay,” the coalition has said. “They are fundamental to ensuring everyone can access reproductive health care as a human right.”

Telemedicine abortion shield laws have become a key strategy for supporters of abortion rights. Under these laws, which have been in use since summer 2023, health care providers in states where abortion is legal have been sending more than 10,000 abortion pills per month to patients in states with abortion bans or restrictions.

The Texas lawsuit accuses Dr. Carpenter of providing a 20-year-old woman with the two medications used in a standard abortion regimen, mifepristone and misoprostol. Typically used up through 12 weeks into pregnancy, mifepristone blocks a hormone needed for pregnancies to develop, and misoprostol, taken 24 to 48 hours later, causes contractions similar to a miscarriage.

According to a complaint filed by the Texas attorney general’s office, the woman, who had been nine weeks pregnant, asked the “biological father of her unborn child” to take her to the emergency room in July “because of hemorrhage or severe bleeding.” The man “suspected that the biological mother had in fact done something to contribute to the miscarriage,” the suit said, and he went back to their home in Collin County, where he “discovered the two above-referenced medications from Carpenter.”

In the Collin County court hearing last month, Ernest C. Garcia, chief of the administrative law division in the attorney general’s office, said that the man “then filed a complaint with the Texas Attorney General’s Office.”

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Computer Outage Disrupts Student Exams in New York State

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Computer Outage Disrupts Student Exams in New York State

Thousands of students across New York State this week were unable to finish annual standardized tests after a technological issue disrupted the computer-based exams for the second consecutive year.

Students in grades three through eight from Buffalo to New York City encountered error messages on Wednesday when they tried to log in to their math or English language arts exams, which do not affect students’ ability to advance to the next grade. While some could sign in and complete the tests, others were kicked offline, frustrating students, teachers and parents.

For the past three years, New York State has been transitioning to digital exams, with this spring marking the first time that every student in those grades had to take them on a computer. So when students encountered issues on Wednesday, there were no paper exams available as a backup.

The developer of the state test, NWEA, an educational testing and research group, said it had worked overnight to identify the source of the disruption, which was identified as a problem with a server, and repaired it before school started on Thursday.

After problems emerged a year ago, the company pledged that it would not happen again. The New York State Education Department has awarded $116 million in contracts to NWEA to develop the untimed, federally required assessments.

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The repairs this week came too late for many New York City students who were taking the math portion of the state assessment. Education officials in the city had advised principals on Wednesday not to reschedule the math test for the next day out of concern that the system could remain offline.

But some schools resumed the math exams on Thursday after the outage had been resolved, said Dominique Ellison, spokeswoman for the Department of Education. The remaining schools will administer the test in the coming days.

“I know this issue has been challenging and frustrating for schools, students and families who have been working hard in preparation for these exams,” Kamar Samuels, the schools chancellor, said on Wednesday night at a meeting of the Panel for Educational Policy, an oversight group.

It was unclear how many students in New York State had to scrap the exams, but the disruption appeared to be widespread. JP O’Hare, a spokesman for the New York State Education Department, said that 116,000 students had taken the tests on Wednesday without problems.

It was also unclear how many students were scheduled to take the exams on Wednesday because school districts have a window of several weeks in April and May in which they can administer the tests. There are about a million third-through-eighth-grade students in the state.

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On Wednesday, Buffalo Public Schools stopped all math exams for students, while more than 1,600 students at Zeta Charter Schools in New York City had to give up on their English language arts assessments.

“The current system is failing, creating unnecessary challenges for students, teachers and administrators,” Emily Kim, the chief executive of the charter school network, said. “Our students deserve a testing experience reflecting the same level of preparation, care and accountability we ask of them.”

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Homes for Sale in the Bronx and Manhattan

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Homes for Sale in the Bronx and Manhattan

Bronx | 305 East 140th Street, No. 5A

A two-bedroom, one-bath, 1,981-square-foot condo with an open floor plan, bamboo and granite countertops, a den/home office, original hardwood floors and a basement storage cage. The unit is on the top floor of a five-story former factory from 1901 that has a virtual intercom, a super, shared laundry and a bike room. Tano Holmes and Victor Banks, Century 21; century21.com

Costs

Common charges: $1,456 a month

Taxes: $9,240 a year

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Pro

In-unit washer/dryers are permitted and an area near the kitchen can accommodate a laundry room or second bathroom. The ceilings reach 12 feet. The building is eco-friendly and has solar panels to reduce electricity costs.

Cons

It’s a big space to cool with window unit air-conditioning.


Manhattan | 467 Central Park West, No. 12F

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A two-bedroom, two-bath, 1,152-square-foot apartment that has a windowed kitchen with a pass-through to a breakfast bar, an open floor plan, a primary suite, a second bedroom with a walk-in closet, a windowed bath, built-ins, a decorative fireplace and wide-plank oak floors. It’s on the 12th floor of a 17-story prewar doorman building that has a live-in superintendent, a bike room, shared laundry and a waiting list for extra storage. Jed Lewin, The Agency; theagencyre.com

Costs

Common charges: $1,350 a month

Taxes: $1,098 a month

Assessment: $374 a month through January 2028, for updates to the building’s exterior

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Pros

The kitchen has two windows, a six-burner range and ample counter space. The view includes Central Park and Billionaire’s Row.

Cons

In-unit washer/dryers are not permitted.


Manhattan | 146 E 49th Street, No. 2B

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A two-bedroom, one-bath, roughly 940-square-foot apartment that has a windowed eat-in kitchen, an open living/dining area, a windowed bathroom and original hardwood floors. It’s on the second floor of a 10-story building by Emory Roth with a live-in super and shared laundry. Laura Cook and Adam Wolfe, Keller Williams NYC; kwnyc.com

Costs

Maintenance: $2,583 a month

Pros

Use as a pied-à-terre, subletting after two years of residency and an in-unit washer/dryer are permitted with board approval.

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Cons

The view consists of only nearby buildings. The second bedroom does not have a closet. The building lacks a bike room and there’s a waiting list for basement storage cages.

Given the fast pace of the current market, some properties may no longer be available at the time of publication.

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U.S. and Italy Honor Alliance to Curb Art Looting, Amid Broader Tensions

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U.S. and Italy Honor Alliance to Curb Art Looting, Amid Broader Tensions

With a half-dozen wooden art shipping crates laden with a smorgasbord of ancient artifacts as a backdrop, Italian and American officials on Wednesday celebrated the continuation of a 25-year collaboration that has returned thousands of illegally trafficked objects to Italy.

“The United States is, in every respect, Italy’s closest ally in the fight against the illicit trafficking of cultural property,” Italy’s culture minister, Alessandro Giuli, said at an event staged to recognize the return to Italy of trafficked objects and stolen artworks recovered from American museums, auction houses and private galleries over the past year.

The artifacts, which included Etruscan vases, Roman-era bronze and marble statues and busts, but also Byzantine coins and a 13th-century manuscript page, were identified after investigations by Italy’s art theft police in collaboration with different U.S. agencies, among them the Manhattan district attorney’s office, the F.B.I. and Homeland Security Investigations.

“Our two governments are well aware that theft, illegal excavations, and illicit exportation are crimes committed against the public good,” and both countries are “committed to combating this threat to the world’s cultural heritage in increasingly innovative, and effective ways,” Mr. Giuli added.

The photo-op camaraderie came at an especially low moment in U.S.-Italy relations. Earlier this month, after President Trump criticized Pope Leo XIV, Prime Minister Giorgia Meloni got a Trumpian tongue-lashing for having jumped to the pope’s defense.

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Ms. Meloni said last week that she hadn’t spoken to Mr. Trump since their spat, but she expressed her support to the president after a gunman attempted to attack him over the weekend.

The at-times rocky relationship between art-rich Italy and art-hungry American museums and collectors was encumbered for decades by judicial investigations and court cases that often ended with a begrudging restitution of artifacts. Many cases remain open, like Italy’s claims on a bronze statue at the J. Paul Getty Museum in California.

In 2000, the two countries reached a cultural property agreement regarding importation restrictions that “has become a cornerstone of international efforts to combat the illicit trafficking of cultural property,” Italian officials said earlier this year at a commemorative event for the agreement.

Patty Gerstenblith, the director of the Center for Art, Museum and Cultural Heritage Law at DePaul University, said in an interview that the agreement has “been very effective in efforts by U.S. law enforcement in preventing undocumented antiquities from entering the U.S., returning these, and as a training tool for law enforcement.”

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She added that it has also been useful in establishing a framework of cooperation between the two countries in cultural heritage, and encouraging loans to U.S. museums.

The agreement, renewed last December, covers import restrictions and only federal agencies can enforce it. In recent years, the Manhattan district attorney’s office in New York, though not a participant in the agreement, has taken center stage in multiple high-profile restitutions to Italy.

According to its own records, since its creation in 2017, its Antiquities Trafficking Unit has recovered more than 6,200 antiquities valued at more than $485 million, and has returned more than 5,860 to 36 countries.

The trove of nearly 340 artifacts returned on Wednesday showed the scope of the collaboration with American agencies.

Each object is the protagonist of its own nefarious back story.

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The most prized piece, investigators said, was a marble head of Alexander the Great that was stolen from a Rome museum in 1960. It “was acquired in good faith” by Alan Safani of the Safani Gallery in 2017, according to a statement by the Manhattan district attorney’s office, but was seized by that office a year later. The gallery opposed the restitution and instituted a judicial process before a federal court of New York, which ruled in Italy’s favor last year.

“Protecting cultural heritage strengthens the rule of law and builds trust between governments and people,” Tilman J. Fertitta, the American ambassador to Rome, said at the ceremony. “When stolen art returns, both nations benefit. Italy regains its history, and the United States reaffirms its commitment to justice and cultural preservation.”

Also back is a first-century bronze winged satyr identified a year ago in an auction catalog, 50 years after the work had been stolen from archaeological deposits at the Herculaneum excavations.

For their part, Homeland Security Investigations assisted Italy in recovering 15 gold coins dating to the Byzantine era, part of a theft in 2009 in which 388 gold coins were stolen from the Archaeological Museum of Parma. They were tracked down in various specialized auctions.

The F.B.I. recovered from Los Angeles dozens of ancient artifacts in bronze, clay and marble that one investigator identified as having belonged to Jerome Eisenberg, an antiquities dealer who died in 2022. Investigations ascertained “their origin from clandestine excavations of Magna Graecia necropolises carried out in central-southern Italy, with the consequent illicit export to the United States,” the Italian authorities said in a statement.

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More than 20 of the pieces focused on at the ceremony had been seized from the Metropolitan Museum in New York by the Manhattan district attorney’s office. Nine of the artifacts from the Met were part of a restitution announced in March that also included six rare books stolen from a Jesuit archive in Rome that had been appraised at $400,000.

The Met objects included two Greek ceramic drinking cups from about 500 B.C., a pair of Roman silver drinking cups from around the first century and a pair of gold earrings from the fifth century B.C.

In a statement this year, the Met said it had an “ongoing commitment to responsible collections stewardship.”

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