With Roe in doubt, states split on abortion debate
Fight over the future of procedure escalating
SALT LAKE CITY – It didn’t take long for abortion to reemerge as a flashpoint in state legislatures.
Less than a month into the 2022 legislative sessions, fights over the future of abortion are setting up across the U.S. Republican lawmakers are proposing new restrictions modeled after laws in Texas and Mississippi that present a direct challenge to the landmark Roe v. Wade decision, and some Democraticled states are working to preserve or expand access.
The activity in state legislatures was anticipated after the U.S. Supreme Court, with its conservative majority, signaled it was ready to make seismic changes to the nationwide right to abortion that has stood for nearly a half-century.
If the court overturns Roe v. Wade entirely, the decision on whether to keep abortion legal would fall to the states.
More than 20 states already have laws on the books to ban or dramatically restrict abortion if Roe v. Wade is overturned. As legislative sessions begin, several are considering new bans.
“This could be a really, really dramatic year in terms of people’s ability to access abortion care and to decide if, when and how they become a parent,” said Kristin Ford, vice-president of communications and outreach at NARAL Prochoice America, a pro-abortion rights group. “At this time next year, we could be looking at a scenario in which more than half of the country has lost access to abortion . ... It will have consequences for everyone.”
Against that backdrop, California lawmakers will consider plans this year to become a “sanctuary” for those seeking reproductive care. That could include paying for travel, lodging and procedures for people coming from other states.
Susan Arnall, director of outreach for the anti-abortion Right to Life League, said other Democratic-led states are likely to follow California’s lead. Her organization is fighting the legislation introduced in the nation’s most populous state.
Even so, she said abortion opponents have gained the upper hand throughout the U.S.
“Life is winning … and the abortion industry is losing,” Arnall said.
Other Democratic-leaning states are not yet copying California, though New Jersey recently became the 15th state to
protect the right to abortion in state law, according to the Guttmacher Institute, an abortion rights think tank.
Meanwhile, at least seven states could follow Texas, which has effectively banned abortions after six weeks with a law strategically written to avoid a federal court challenge.
The Supreme Court has allowed the law to remain in effect, even though it appears to contradict the Roe decision.
Similar proposals have been introduced in Ohio, Alabama, Oklahoma, Missouri, Florida and Arizona. South Dakota Gov. Kristi Noem, a possible 2024 presidential contender, released a proposal on Friday modeled after the Texas law. She said it would “ensure that both unborn children and their mothers are protected in South Dakota.”