Leaders from the California Legislative Women's Caucus vowed to protect a person's right to have an abortion in the Golden State after a leaked draft opinion appears to show the U.S. Supreme Court is ready to overturn the decision known as Roe v. Wade this summer. That would turn the matter over to the states.
Abortion is and will remain legal in California, but now some lawmakers want to cement that right by putting it into the state Constitution. Caucus Chair Assemblymember Cristina Garcia, D-Bell Gardens, said she feels if the Supreme Court issues this ruling, it would be an unprecedented rollback of people's rights.
"Overturning Roe v. Wade is not going to stop abortions," she said, "but rather it's going to lead to unsafe and deadly abortions, especially for our most marginalized and vulnerable communities."
If the constitutional amendment passes both houses of the state Legislature by a two-thirds margin, it would be placed onto the November ballot.
The author of the draft opinion, Supreme Court Justice Samuel Alito, argued that the privacy rights and the due-process clause don't apply to the termination of a pregnancy. Other opponents cite religious objections.
Jodi Hicks, president and chief executive of Planned Parenthood Affiliates of California, said low-income women of color from conservative states would be disproportionately affected.
"People that are denied access to abortions are four times more likely to end up in poverty," she said.
State Senate President Pro Tempore Toni Atkins, D-San Diego, said she wants the state to establish a fund that would accept private donations to help people from other states travel to California for abortion care.
"California will continue to be a beacon of hope for women and families who need access for reproductive care and abortion, here in our own state and across the country," she said. "We will not leave the women and families impacted by the backwards, reckless policies of other states without options."
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Abortion is set to be prohibited in Idaho at the end of July after the U.S. Supreme Court's decision to overturn Roe v. Wade last week.
The justices ruled that the 50-year precedent of Roe should be overruled, setting off so-called "trigger laws" in 13 states, including Idaho.
Kim Clark is senior attorney for reproductive rights, health, and justice with the Pacific Northwest organization Legal Voice. She said there will be some out-of-state options for Idahoans seeking access to abortions.
"Abortion funds across the country, including the Northwest Abortion Access Fund here in Washington," said Clark, "are ready to provide support to people who need to travel across state lines to access care, and I think there will be other informal networks of support."
Conservatives have celebrated the decision. In a statement, Idaho Gov. Brad Little said the right to an abortion was a "judicial creation."
Idaho's ban makes providing abortions a felony. There are exemptions for cases of incest and rape, although victims will have to provide a police report to a physician, which can take several weeks to obtain.
States where abortion will remain legal, including Washington and Oregon, are expected to see large increases from the number of people seeking care there. Clark said providers in those states will be burdened with the increase in traffic.
"The other place where folks can help out," said Clark, "is in supporting providers in safe haven states who will be stepping up to absorb a great deal of uncompensated care as folks come into those states for access to care."
Idaho legislators passed another law this session similar to a ban in Texas that allows civil lawsuits against health professionals who provide abortion. That law has been blocked but the Idaho Supreme Court is scheduled to hear oral arguments on the case on August 3.
Clark said while these laws make getting an abortion much harder, they won't go away completely in Idaho
"The reality is that no action that the Idaho Legislature takes will ban abortion in Idaho," said Clark. "People will still access care."
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The South Dakota state Legislature is expected to convene in a special session to reassess abortion laws. Gov. Kristi Noem vowed to call the special session in the wake of the decision by the U.S. Supreme Court to overturn Roe v. Wade.
The ruling triggered South Dakota's ban, so abortion is now illegal except to save the woman's life.
Shannon Olivieri Hovis, California director for NARAL Pro-choice America, slammed the ruling.
"We are talking about more than 33 million women who will lose that access to abortion in their own communities in their home states," Olivieri Hovis asserted. "And some may be at risk of criminalization for accessing self-managed abortion in their states. And some will die."
Noem, who is running for reelection, has said she does not support an exception for cases of rape or incest, but instead is promoting a new website called life.SD.gov, which promises to provide "resources for pregnancy, new parents, financial assistance and adoption."
In 2006 and 2008, South Dakota voters rejected ballot measures to ban abortion in the state. Olivieri Hovis thinks the state Legislature is out of touch with public opinion.
"Eight in 10 Americans support the legal right to abortion," Olivieri Hovis pointed out. "That does not mean every one of those eight people would choose abortion for themselves, but they do not believe that anyone else should be making that decision."
The Legislature is expected to consider proposals to tighten abortion restrictions. For now, it remains legal to travel to other states such as Minnesota for abortion care and websites like abortionfinder.org and abortionfunds.org have sprung up to facilitate it.
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Pro-choice advocates are calling on voters to make access to abortion a big issue in the November midterm election. The countdown has begun; in less than a month, North Dakota's trigger law will make abortion illegal except to save the pregnant person's life, since the U.S. Supreme Court has overturned Roe v. Wade.
Amy Jacobson, executive director of Prairie Action ND, said a lot of North Dakotans want access to abortion care.
"North Dakota voters rejected an abortion ban in 2014 by a two-to-one margin. Those are Republican voters defeating an abortion ban in our state," Jacobson pointed out. "I would just really call on them to reflect on where their party is going and what this means for the people of our state. "
The state Legislature, citing religious and moral objections, tried to add an abortion ban to the state constitution, but the accompanying ballot measure failed in 2014.
In mid-May, pro-choice protesters held "Ban Off Our Bodies" rallies in Bismarck, Fargo, Grand Forks and Minot. More are planned for early July. The state's only abortion provider, the Red River Women's Clinic in Fargo, announced plans to move across the border to Moorhead, Minnesota in the near future.
Jacobson laments what she calls an ultraconservative takeover of the Republican Party.
"This decision really comes from the right-wing majority of extremist judges that have undermined the fundamental right to make our own decisions about our health care, our bodies, and our families," Jacobson asserted.
North Dakota already has a ban on abortion consultations via telehealth. Jacobson predicts when the next legislative session begins in January, lawmakers will introduce bills to further restrict abortion, by making it illegal to travel to another state for an abortion or to help someone else do so.
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