Reproductive rights

Onslaught of new abortion restrictions looms in reddest of statesNew state legislative sessions likely to bring fresh efforts to restrict, penalize or altogether ban the procedure In Nebraska, a total abortion ban could be on the horizon. In Florida, the gestational limit for abortions could drop from 15 weeks to 12. Elsewhere, lawmakers have abortion pills in their sights.When Roe v Wade fell, most states were no longer in legislative session, meaning the term during which they usually write and pass bills had ended. In January, state legislatures will reconvene in an entirely new reality, one where conservative lawmakers are no longer constrained by the constitutional right to abortion once assured by Roe.Googling abortion? Your details aren’t as private as you thinkRead moreThe midterm elections brought victories for abortion rights in a number of states. But in others, politics are on the side of anti-abortion advocates. In those reddest of states, the new state legislative sessions are likely to bring a fresh onslaught of efforts to restrict, penalize or altogether ban abortion.Katie Glenn, the state policy director at Susan B Anthony Pro-Life America, confirms the group’s top priority in 2023 will be reducing the gestational age for legal abortion, alongside bringing new outright bans. Abortion is currently banned in 13 states.Exactly how restrictive those bans will be remains to be seen, with conservatives across the country embroiled in conflicts over which exceptions – if any – should be allowed for abortion. “Exceptions in the case of rape and incest, we realise, are sometimes a necessary political reality. And we would not block a bill or oppose a bill that would prevent 95% of abortions,” explains Glenn.In some states, anti-abortion advocates previously stymied by Democrats now have room to maneuver since the midterms, which brought some conservative wins. In 2022, progressive members of Nebraska’s legislature filibustered a ban proposed by Republicans, effectively killing it. But lawmakers say that the party no longer has the votes to block an abortion ban. Meanwhile, in states where abortion bans have been mired in lengthy court proceedings, Republican majorities could pass more stringent laws when the session starts.In Iowa, for example, a six-week ban has been held up in court since 2019. With the legislature reconvening on 9 January, it could choose to pass a new ban rather than waiting for the courts. That would be helped by the fact that, just before Roe fell, Iowa’s state supreme court ruled there is no constitutionalright to abortion in the state. With the midterms solidifying conservative majorities in both chambers, that clears the path toward a tougher ban (though Republicans in the state have said they will discuss next steps only after the court resolves the lawsuit over the six-week ban). Similarly, a six-week ban in Georgia that was recently reinstated by the state supreme court could pave the way for new restrictions when the legislature convenes, considering that Georgia’s governor, state house and state senate are all under Republican control. And in Florida, where the GOP clinched supermajorities in both chambers, legislators have indicated an interest in further limiting abortion, lowering the gestational limit from 15 to 12 weeks.Any legislation in Florida ultimately depends on its Republican governor, Ron DeSantis. DeSantis has grown quiet on the issue as bans have increasingly proven unpopular, and since he is weighing up a 2024 presidential bid, he may hold off.Nor does Republican control over state governments elsewhere necessarily guarantee new restrictions. In some states, consensus has been hard to come by in a GOP increasingly mired by internal divisions.In South Carolina, for example, several attempts to pass an abortion ban in special session in 2022 failed despite a strong Republican majority.Lawmakers were at odds over how far a ban should go, with some supporting an exception for young rape victims, or in cases where there would be no chance of the fetus surviving outside the womb. Ultimately, those differences proved insurmountable: neither side budged, and none of the proposed bans moved forward. A separate six-week ban is making its way through state courts, and abortion in the state remains legal up until 22 weeks.Targeting medication abortionSince Roe fell, requests for medication that can induce a miscarriage have shot up, and medication abortion now accounts for more than half of all abortions, according to the Guttmacher Institute.Conservatives are increasingly concerned with how to enforce abortion bans in a climate where people can access pills online and manage their own abortions. Medication abortion is approved by the Food and Drug Administration, and considered very safe in the first trimester. In Oklahoma, lawmakers have asked the state attorney general to clarify whether self-managed abortion through pills violates the law. Introducing in-person screening requirements is another way to make abortion medication harder to access, especially in states without bans. For example, a Kansas law tried to ban providers from prescribing for medication abortion throughtelehealth. That law was shot down by a judge last month.Restricting telemedicine is one route anti-abortion advocates will take to target medication abortion this year, says Glenn, of SBA Pro-Life America.Students for Life America, another anti-abortion group, intends to go after medication abortion through environmental laws, through bills that would require fetal tissue to be treated as medical waste, curtailing the ability for people to manage their abortions at home. A petition to that effect has already been filed at the federal level with the Food and Drug Administration. Criminalizing abortionStates that ban abortion typically impose criminal penalties on providers who violate bans, but exempt – at least formally – the person actually seeking the abortion. Far-right groups have advocated for an end to that exemption, but their efforts have so far proved politically untenable: in Louisiana, a bill looking to bring murder charges against people who end their own pregnancies failed to pass over the summer, with most Republicans finding it too extreme.Abortion rights advocates are bracing themselves for further such efforts, including bills to criminalize out-of-state travel for abortion – an effort attempted in 2022 by Missouri, without success. “Over a dozen states that put abortion bans in effect in 2022 are states with trifectas that are hostile to abortion rights. In those states that have been the most rabidly anti-abortion, we expect to see a next generation of measures that either remove the exemptions in the current law, or increase the penalties or the enforcement mechanisms” to ban abortions, says Jessica Arons, senior policy counsel for the ACLU.They are also watching efforts to widen the net to penalize those providing assistance to people seeking abortions, including employers. Other legislation already filed in Texas ahead of the new legislative sessionincludes a bill that would count a fetus as a person in the HOV lane; another that would limit tax subsidies for businesses providing support for employees seeking abortions; and legislation that would make it harder for prosecutors to refuse to enforce abortion bans. Bolstered protections in blue statesAmid the barrage of restrictions, other states have made moves to bolster protections for abortion rights. In the midterms, Michigan, Vermont and California protected abortion in their state constitutions. And throughout the country, there are moves to pass and strengthen so-called “shield laws” to protect providers caring for patients from states with bans. “People are looking at those shield laws to see if there are any protections for abortion funds, for example,” explains the Guttmacher Institutes’ policy expert Elizabeth Nash. “If you’re an abortion fund in California, and you give money to somebody from Texas to come to California for an abortion, what kind of protections do we need [to make sure they’re not legally liable]?”Since Roe fell, states like California, Maryland and Delaware have expanded access, including to those from out of state, by passing laws enabling nurses to perform abortions. Meanwhile, in New York, the governor, Kathy Hochul, has allocated millions of dollars to abortion providers and the state is also pursuing efforts to enshrine abortion rights in the state’s constitution. These types of efforts are what states hoping to bolster protections will be looking to. “People are seeing where there are gaps are in these laws, and trying to fill them basically,” Nash says.TopicsAbortionRoe v WadeReproductive rightsUS politicsfeaturesReuse this content More

How GOP lawmakers are prepping to ban abortion as soon as legally possibleThe supreme court’s draft opinion overturning Roe v Wade gave lawmakers a head start to impose new regulations on clinics and medication This story was originally published by The 19th.Following Monday night’s leak of a supreme court draft opinion that would overrule Roe v Wade, the 1973 case that guaranteed the right to an abortion, Republican state lawmakers are working to make sure they are ready to limit access as soon as is legally permissible.The language of the court’s decision will probably change at least somewhat when it is ultimately issued by the end of June. But its central, top-line declaration – a 5-4 majority issuing a clear, unequivocal overturning of Roe – is widely expected to remain.Here is what Republican state lawmakers across the country are doing in the lead-up to the decision to assure that abortion restrictions will swiftly go into effect.Looking to courtsMost state legislatures have already ended their law-making sessions, or are past the point in the year where they can introduce new bills. So in many Republican-led states, lawmakers are getting ready to enforce laws that have already been passed and were then blocked by state and federal judges who had cited Roe v Wade’s federal protections. Without those protections, the rulings could be revisited.‘Unnecessary suffering and death’: doctors fear for patients’ lives in a post-Roe worldRead moreA law imposing new regulations on abortion clinics in Kentucky, medication abortion restrictions in Montana, and six-week abortion bans in states like Georgia, Ohio and South Carolina – these are some of the restrictions that have been blocked by courts.A decision overturning Roe could open up those laws to be newly enforced. But first, each state’s attorney general would have to formally ask courts to undo their decisions blocking them.Some officials are already doing just that. On Tuesday, the day after the supreme court’s draft decision leaked, Ohio’s Governor Mike DeWine, a Republican up for re-election this year, said he had directed the state’s attorney general to get their six-week abortion ban reinstated if Roe is overturned.A spokesperson for South Carolina’s governor did not respond to a request for comment. Andrew Isenhour, a spokesperson for Georgia’s Governor Brian Kemp, another Republican, would not directly answer whether Kemp will seek to reinstate that state’s six-week ban.But, he told The 19th, Kemp “has been been and remains focused on defending Georgia’s strong pro-life legislation against legal challenges”.“Trigger laws” would ban abortion once Roe is overturned but usually require some kind of state action – certification from the governor, the attorney general or an independent legislative council asserting that Roe has, in fact, been struck down – before they can take effect.The leak has given state officials a head start to prepare briefing materials and court documents that allow them to swiftly implement the bans. So far, 13 states have already passed trigger bans that could take effect after Roe is overturned.A push for new billsBecause most state legislatures are no longer in session – and since many have already passed so many kinds of abortion bans – only a few states are looking at passing new abortion restrictions.In Ohio, where the legislature meets year-round, lawmakers are weighing their own state trigger ban, which DeWine indicated he would sign.And on Wednesday, a legislative committee in Louisiana voted favorably on a bill that previews where the abortion fight could go next: House Bill 813 would reclassify abortion as homicide and, unlike most other abortion bans, extend criminal penalties to the pregnant person.The bill’s backers acknowledge it is probably unconstitutional under the current Roe v Wade guidance. But without Roe, things could look very different.Historically, anti-abortion lawmakers have been hesitant to pass laws punishing pregnant people, focusing instead on healthcare professionals who perform abortions. It’s unclear if other states will follow Louisiana’s lead, said Mary Ziegler, an abortion law researcher and professor.“On the one hand these are states that have reasons to not punish women and pregnant people, but I think the pressure is going to increase. And once somebody else is first it may be easier for other states to follow,” Ziegler said. “I imagine there’s going to be a real debate.”Special sessionsGovernors can also call in special legislative sessions this summer to pass new anti-abortion laws. So far, no governors have publicly committed to doing so.In Indiana, the state’s Republican lawmakers – who control both branches of the statehouse – have publicly urged the governor to call a special session if Roe is overturned.The state does not yet have a trigger law, and currently allows abortions up until 20 weeks of pregnancy. But Indiana’s lawmakers have a strong record of opposing abortion rights. Per the Guttmacher Institute, which tracks abortion policy, the state has passed 55 new restrictions on the procedure in the past decade, and is expected to heavily limit or ban access once Roe is overturned.Supreme court abortion law leak: what happened and why does it matter?Read moreLawmakers in Nebraska are also warning of a possible special session once Roe is overturned. Efforts to pass a trigger law failed this past year, though the governor – who has not yet committed to calling back state legislators – said he supports such an abortion ban.In Florida, Governor Ron DeSantis has already planned to call the legislature back into session, but with a mandate to focus on property insurance policy. Since Monday night, though, local abortion opponents have been calling on DeSantis to add an abortion ban to the legislature’s to-do list.Florida passed a 15-week abortion ban earlier this year, but efforts to enact a six-week ban never took off. DeSantis, who is widely believed to be planning a presidential run in 2024, has been noncommittal on whether he will pursue tighter abortion bans. And total abortion bans are less popular in Florida than in other Republican-led states, Ziegler noted.But even if not this summer, Glenn said, Florida could emerge as a priority state for abortion opponents in the coming years, along with states such as Montana, Iowa and Kansas, which have recently embraced more abortion restrictions but are not prepared to ban access once Roe is overturned. In both Iowa and Kansas, the state supreme courts have held that their constitutions protect abortion rights, but abortion opponents in both states are trying to pass amendments that would remove those protections.“There will be those states in the middle,” she said. “And like we saw here in Florida this year, there will be much more of an opportunity for the legislative process and people in the state to weigh in.”TopicsAbortionReproductive rightsRoe v WadeUS politicsfeaturesReuse this content More