America’s federal system could work to protect abortion rights
PremiumStates like California plan to resist US Supreme Court conservatism
California’s top officials vowed to place a measure on the ballot as soon as November that would enshrine abortion rights in the state’s constitution, following reports the US Supreme Court signalled the overturning of Roe vs Wade. “If the Supreme Court of the United States won’t protect our bodily autonomy, California will make sure our constitution won’t leave any room for confusion," Senate President pro tempore Toni Atkins said during a Sacramento briefing Tuesday. This came after Politico reported that it had obtained a draft majority opinion of the justices that would strike down the 1973 Roe vs Wade ruling.
Governor Gavin Newsom and the Democratic-controlled state legislature have taken steps toward making America’s most-populous state a haven for abortion seekers and a leader in protecting reproductive rights. California legalized abortion in 1967, years before Roe vs Wade. California’s move on Tuesday paves the way for other liberal-leaning states to take defensive action, with public opinion strongly behind them. A poll last year by the Public Policy Institute of California found that 77% of adults in the state don’t want Roe overturned.
An advisory group backed by Newsom in December recommended expanding access to out-of-state residents, including potentially helping to cover their costs, as part of a report listing actions to ensure abortion protections.
Organizers of protest rallies hope that a groundswell of public opinion in favour of Roe will sway a justice or two to change their mind, say activists. “I want to hope that California is a thought leader. It has historically been sensible and reasonable and progressive and people-centered," said Tori Horowitz, a native Angeleno. “But this sets a frightening precedent for an extremely scary conservative agenda."
In March, Washington, another Democratic bastion, passed the Affirm Washington Abortion Access Act to shore up abortion protections, due to take effect in June. The law clarifies that nurse practitioners and physician assistants who are not doctors may provide abortion care and adds language that protects from prosecution anyone coming to Washington to seek an abortion from states with more restrictive rules, as well as protecting caregivers or anyone who helps them access abortion services. At a rally in Seattle on Tuesday, Washington Governor Jay Inslee reaffirmed his commitment to reproductive rights and encouraged hundreds in the crowd to mobilize. “Washington state was a pro-choice state, Washington state is a pro-choice state, and we are going to fight like hell to keep Washington a pro-choice state," he said. The state could also try to enshrine the right to abortion in its constitution, he said. Washington Attorney General Bob Ferguson said his office would protect the rights of anyone who wants to come to the state to access reproductive healthcare, referencing a Missouri bill that would make it a crime for someone to travel to another state to have an abortion. “If Missouri or any other state passes such an unconstitutional law like this, and it affects Washingtonians, we will challenge it in court, and I can assure you we will win," Ferguson said.
If the US Supreme Court overturns or weakens Roe vs Wade, its 1973 decision preventing abortion bans, 26 states may move forward with restrictions. That could result in a nearly 3,000% increase of out-of-state women seeking the procedure in California, according to the report from the advisory group, the California Future of Abortion Council, which cited data from the Guttmacher Institute.
A package of 13 bills based on the group’s recommendations is moving through the California legislature. The measures include funding abortion organizations and training for a more diverse field of health-care providers, reducing bureaucratic hurdles and enacting legal protections for providers and patients coming from anti-abortion states as well providing financial assistance to those seeking care.
“This is an investment in telling our most vulnerable community members that they matter and we’re going to use the full strength of our budget, our legislation and the leadership here to ensure that they have access to dignity and health care," Assembly member Cristina Garcia said during the briefing. “This moment has just increased the sense of urgency that we need to do both for our individuals here in California and for those seeking refuge as well."
Two-thirds of lawmakers must approve the constitutional amendment, and the same share of voters must support it. Although California has long recognized the right to privacy, the measure would make it “crystal clear" that the state does the same for reproductive rights, Atkins said. “We will not back down," she said. “We will double down."
Romy Varghese is a reporter with Bloomberg.