The Republican-led legislature has been eagerly awaiting the right to terminate a pregnancy if the Supreme Court’s conservative majority confirms that the leaked decision overturns abortion rights in the United States, with ramifications that would ripple through 40 million women in two dozen states.
long before the Supreme Court heard the challenge Roe v Wade and Southeastern Pennsylvania Planned Parenthood v. CaseyAccording to the KFF analysis, conservative lawmakers in 14 states identified groundbreaking decisions on federally protected abortion rights, creating so-called trigger laws that would automatically go into effect if the nationwide abortion rights were removed.The Guttmacher Institute, a research arm that supports abortion rights, has identified a dozen other states that could restrict or ban abortion. roe.
The list of states with trigger laws includes crimson fortresses such as Mississippi, Oklahoma and Idaho, as well as Texas, the second most populous state in the United States. Texas, with a population of 30 million, is a region of particular concern for abortion-rights advocates, who are already grappling with the impact of a 2021 law that would ban nearly all abortions after about six weeks of pregnancy.
Under a law passed last year by the Republican-led legislature and signed by Gov. Greg Abbott, Texas criminalizes abortion unless the mother faces death or serious injury, ruling in the Supreme Court 30 days after overthrow roe. Under the law, doctors who perform abortions can be sentenced to life in prison and fined up to $100,000.and if roe In the fall, Texas will be nearly surrounded by states like Oklahoma, Arkansas and Louisiana, all of which have their own trigger laws, creating a vast area where women have no access to legal abortions.
Politico released the leaked draft decision Monday night. The court has confirmed that the draft is genuine, but said it is not final. Still, reproductive and sexual health rights advocates are bracing for the worst.
“This will affect our human and civil rights,” said Aimee Arrambide, executive director of Avow Texas, a legislative and policy advocacy group.For low-income people and minors who “have no way to travel”, distance [to obtain an abortion] will grow exponentially,” Arrambide said.
A Supreme Court ruling overturning a woman’s right to terminate a pregnancy under the protection of privacy will sharply divide the country into states that are staunchly pro-abortion rights and those that are staunchly opposed.
“We’ve had a racial reckoning in this country, but we haven’t taken seriously women’s worth, equality, and life,” said Michele Goodwin, a professor of law at the University of California, Irvine.
In the leaked draft, Judge Samuel Alito wrote: “Roy was horribly wrong from the start.” He added, “The Constitution does not mention abortion, and no constitutional provision implicitly protects it. rights, including roe and Casey now rely mainly on,” referring to the 14th Amendment.
“It’s time to pay attention to the Constitution and put the issue of abortion back in the hands of elected representatives,” Alito wrote.
If the court’s conservative majority confirms the draft decision, abortion would be explicitly protected in 15 states and Washington, D.C.
California Gov. Gavin Newsom and other Democratic lawmakers have guaranteed abortion rights by National law and court Decideaims to introduce a constitutional amendment to voters in November that would enshrine the right to abortion.
“We know we can’t trust the Supreme Court to protect reproductive rights, so California will build a firewall around that right in our state constitution,” Newsom and Democratic legislative leaders said in a statement.
Democratic lawmakers have proposed a slew of measures this year to support access to abortion services for Californians and women traveling there from states that restrict abortion.Among these measures are bills that would increase the ranks of clinicians who can provide abortion services, increase the Legal protection for those undergoing abortion, and create a fund Helping women seeking abortions pay for things like travel and accommodation. These measures are being carried out in the legislature.
Newsom in March signed a law Eliminate abortion-related co-pays and other out-of-pocket costs for women covered by state-regulated health plans starting January 1, 2023.
Colorado was seen as an abortion island in the Mountain West after the right was codified into state law last month. Dr. Rebecca Cohen, Medical Director Denver Comprehensive Women’s Health Centersaid her clinic has seen increased demand from out-of-state patients for months.
“We’re seeing people in their third trimester, and we’re seeing more people with more medical complications,” Cohen said, adding that the clinic’s services extend beyond health care. “We’re helping people find hotel rooms. We’re helping people find transportation.”
On the other hand, 26 states definitely or may prohibit or severely restrict abortion roeaccording to the Guttmacher Institute.
Georgia — which has become a key access point for abortion services in the South — is one of them. Gov. Brian Kemp has vowed to lead efforts to criminalize abortion if the leaked Supreme Court ruling becomes final.
“If access to abortion is restricted in Georgia, it will greatly affect the entire region,” said Kwagerin Jackson, executive director of the Center for Feminist Women’s Health in Atlanta, a clinic that offers medical abortion and abortion procedures.
Georgia has far more clinics offering abortion services than neighboring states, making it a “safe haven” for people seeking care from states like Alabama and Mississippi, she said. Jackson said her main concern now is making sure people know the leaked draft is not the final decision of the court.
“We want to continue to remind people that if they need abortion care today, abortion is still legal and available to them, and we don’t want people to be so confused by the headlines that they can’t get the care they need right away,” she says.
The court’s draft ruling would bring the United States into conflict with nearly every developed country. “We’re seeing countries like Mexico, Argentina and Ireland that have historically criminalized abortion now making abortion available to their people,” said Alina Salganicoff, director of women’s health policy at KFF.
If abortion were made a crime in the United States, “it would not prevent women from having abortions,” she added. “Before abortion was legal, women resorted to extreme measures, often risking their lives and fertility. We now have other options, but that won’t stop women from seeking abortions.”
Anti-abortion lawmakers and activists have vowed to go further than state-level bans, including barring women from going abroad for abortions. Anti-abortion and religious groups have begun pushing hard for Congress to enact a federal ban that would outlaw the procedure in all 50 states.
in a recent letter For congressional Republican leaders, anti-abortion groups take note of the historic moment at their disposal.
“The prospect of seeing Roe v Wade Undermined or overthrown, the current momentum behind the anti-abortion movement is unlike anything we’ve seen before,” said the letter, signed by dozens of major anti-abortion groups. Prepared for the conservative agenda of the United States, we urge you to ensure that any commitment to America includes a bold, clear, and articulate plan to protect the most vulnerable among us, the unborn. “
At the same time, the Biden administration and Democratic leaders have similarly vowed to follow a path that would enshrine abortion rights into federal law.
“If the court does overturn roe, protecting women’s right to choose will fall to elected officials at all levels of government in our country,” President Joe Biden said in a prepared statement. “It will be up to voters this November to support elected officials. “
KHN correspondents Rae Ellen Bichell, Rachel Bluth and Sam Whitehead contributed to this report.
KHN (Kaiser Health News) is a national newsroom that provides in-depth news coverage on health issues.Along with policy analysis and polling, KHN is one of the top three operating programs in the U.S. KFC (Kaiser Family Foundation). KFF is a donating non-profit organization that provides information on health issues to the state.
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