When Gov. Gavin Newsom, using his , refused to extradite a physician accused of prescribing and mailing abortion pills to a Louisiana woman, he said California would 鈥渘ot ever鈥 allow 鈥渆xtremist politicians鈥 to punish its doctors.
Newsom, who is considering a run for president, has long championed reproductive rights, but state lawmakers in the Democratically controlled California legislature know future governors might not have the same political beliefs.
Republican gubernatorial candidate Steve Hilton, a former Fox News host endorsed by President Donald Trump, has vowed to honor these types of extradition requests from other states if he鈥檚 elected, Louisiana 鈥渋s trying to uphold what its people voted for, and California is undermining it.鈥 His opponent, Democrat Xavier Becerra, has said he would deny the requests.
Legislation advancing in Sacramento is the latest chapter in a tit for tat that鈥檚 been happening between conservative and liberal states since 2022, when the U.S. Supreme Court overturned聽Roe v. Wade, ending federal legal protections for abortion.
by state Assembly member Rebecca Bauer-Kahan, which is being heard in committee, would take some decisions out of the governor鈥檚 hands, requiring governors to deny extradition requests for healthcare providers who prescribe abortion medication or administer gender-affirming care. It would also shield anyone in California who helped patients travel to California or another state to receive legal care. While opponents cast 鈥渟hield laws鈥 as an incursion on other states鈥 authority, supporters of the bill view it as insurance 鈥 even with Becerra leading Hilton 52% to 31%, according to by the University of California-Berkeley Institute of Government Studies.
Newsom spokesperson Marissa Saldivar said the governor doesn鈥檛 comment on pending legislation. Hilton and Becerra didn鈥檛 return calls for comment.
鈥淧rotecting providers from prosecution should not rely on shifting political winds or a single person鈥檚 decision,鈥 said Alyssa Sherer, a nurse practitioner who spoke in support of the bill at a Senate committee hearing in June. Sherer is also the medical director at Hey Jane, a telehealth medication abortion provider.听
Thirteen states have banned abortion outright, and 28 other states ban abortion somewhere between six weeks and viability. At the same time, other states that allow abortion have enacted shield laws to protect doctors and nurses from liability when they prescribe across state lines.
People living in states with total abortion bans are increasingly getting abortion pills prescribed via telehealth, from 74,000 abortions in 2024 to 92,000 abortions in 2025, according to the Guttmacher Institute, citing numbers from its Monthly Abortion Provision Study.
Critics of shield laws say that states have a legitimate interest in enforcing their own statutes and that such laws represent an attempt by some states, like California, to nullify the legal decisions of others.
鈥淚f California says, 鈥榃e鈥檙e not going to honor any other state鈥檚 laws. We鈥檙e going to ship abortion pills into your states. You can鈥檛 have a law that says abortion is illegal,鈥 I don鈥檛 know 鈥 that doesn鈥檛 seem like a workable situation,鈥 said Greg Burt, who is vice president of the California Family Council and has spoken in opposition to shield laws at the State Capitol.
Twenty-one other states and Washington, D.C., have similar shield laws, but Arizona, California, Michigan, North Carolina, and Pennsylvania鈥檚 rely on an executive order, which could be reversed by a successor, according to the Guttmacher Institute.
Amanda Barrow, a senior staff attorney at the Center on Reproductive Health, Law, and Policy at UCLA Law, said passing extradition protections would put California on firmer footing, because an executive order 鈥渃ould be revoked by a governor who is anti-abortion or anti-gender-affirming-care.鈥
Hilton has said he would do just that if elected.
鈥淛ust as I wouldn鈥檛 want to see Louisiana coming in and undermining something that we voted for here in California,鈥 the GOP candidate told KQED in January.听
During a , Becerra said he was strident about protecting reproductive rights as the state鈥檚 attorney general. 鈥淎bsolutely no,鈥 Becerra said of allowing California physicians to be extradited.听
This year, Hawai鈥榠 to its existing shield laws. And Oregon , including banning law enforcement from cooperating with out-of-state or federal investigations into care that鈥檚 legal in the state.
But Republican legislators in conservative states have cast telehealth visits as an end run around their laws. And some have moved to restrict abortion pill access.
The governors of , , and have signed bills this year that criminalize the sale, purchase, or distribution of medication that induces an abortion. Those states make it a felony to provide medication abortion drugs to people who are seeking to end a pregnancy. The laws impose up to 10 years in prison with potentially tens of thousands of dollars in fines.
Mississippi amended the state鈥檚 controlled substances code to add abortion pills as a criminal category. Although the state already prohibits abortion broadly, the measure specifically addresses distribution, which could subject out-of-state providers to prosecution.
In January, Louisiana a California doctor, Remy Coeytaux, mailing abortion pills to a patient. Newsom denied the request. Likewise, New York Gov. Kathy Hochul denied Louisiana鈥檚 February 2025 extradition request for a .
Texas has taken a slightly different legal tact. Attorney General Ken Paxton, a Republican running for the U.S. Senate, obtained a default judgment of more than $100,000 against the New York doctor targeted by Louisiana, but a , citing New York鈥檚 shield law. Neither Paxton nor Louisiana Attorney General Liz Murrill responded to requests for comment.听
Fear of being charged with a crime for providing quality medical care is contributing to physicians leaving medicine, said Sacramento emergency room doctor Kamara Graham, who is vice president of the California chapter of the American College of Emergency Physicians, which is supporting the bill.
鈥淚t鈥檚 really conflicting and hard for us to weigh that concern of: Will I get extradited and charged and potentially be taken away from my family? Or do I do the right thing for my patient?鈥 Graham said.
The availability of medication used in most abortions could soon change nationwide. Under the leadership of Health and Human Services Secretary Robert F. Kennedy Jr., the Food and Drug Administration it is conducting a safety review of mifepristone, one of two medications in pill form that is used in most U.S. abortions. The FDA maintains the drug is safe and effective.
If the FDA were to decide that mifepristone is not safe, such a ruling would supersede state laws, even in states where abortion is legal. If mifepristone is restricted, many telehealth groups have said they would switch to using only the other medication, misoprostol.
鈥淭he elephant in the room is whether the Trump administration, particularly after the midterms, makes some kind of move to put national limits on access to abortions,鈥 said Mary Ziegler, a law professor at UC-Davis who has written several books on reproductive health law.
鈥淣ot everything is something that the legislature can solve for,鈥 Ziegler said, 鈥渂ecause there's some uncertainty about how the federal courts are going to react to all of this.鈥
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