Morning Briefing
Summaries of health policy coverage from major news organizations
Abortion Bans Would 'Trigger' In 13 States As Soon As Roe Overturned
CNN: These Are The US States Where Abortion Rights Could Be Under Threat If Roe V. Wade Is Overturned
But many Republican-led state legislatures have already moved to limit abortion access and others are poised to enforce restrictive laws that have remained unenforced since Roe was passed. In total, an analysis by the Guttmacher Institute finds that 23 states have laws aiming to limit abortion access, including some states that have multiple provisions in place. ... Legislators in 13 states have passed so-called "trigger laws," which are bans designed to go into effect if Roe is overturned. In some cases, the law requires an official such as an attorney general to certify that Roe has been struck down before the law can take effect. (Wolfe, 5/3)
NPR: Roe V. Wade: Here's What Governors Are Saying About Leaked Supreme Court Opinion
Reactions to the report, however, were swift. Within hours after the Politico report published, demonstrators assembled outside the Supreme Court early on Tuesday, many calling for the preservation of the 1973 law. Several governors issued statements following the news. Here's what they said. (5/3)
The New York Times: What’s Happening To Abortion Legislation In States Across The U.S.
Abortion bans have been introduced in 31 states this year, according to the Guttmacher Institute, a research group that supports abortion rights. Bans have passed at least one legislative chamber in seven states: Arizona, Idaho, Wyoming, Florida, Kentucky, Oklahoma and West Virginia. They have been enacted in six of those states: Florida, Oklahoma, Kentucky, Arizona, Idaho and Wyoming. “What we’re seeing right now is the buildup of decades where state legislatures have been adopting restriction after restriction, and now they’re moving to adopt ban after ban,” said Elizabeth Nash, state policy analyst for the Guttmacher Institute. She said the legislation reflected the efforts of increasingly conservative state legislatures moving to take advantage of rightward shifts in the courts. (Kasakove, 5/2)
The Guardian: US States Could Ban People From Traveling For Abortions, Experts Warn
As abortion bans proliferate in states around the US, some state legislatures are likely to go even further than just ending abortion in their jurisdictions – taking aim at the growing numbers of people seeking procedures and medications out of state, experts warn. (Schreiber, 5/3)
Where "trigger laws" are in place or bans are under consideration —
Salt Lake Tribune: Utah's Abortion Trigger Law Or 18-Week Ban Could Come Back Depending On How U.S. Supreme Court Rules
If Politico’s reporting holds and the Supreme Court overturns Roe V Wade, two Utah laws — one banning abortions after 18 weeks, and another outlawing the procedure except in limited circumstances — could come into play again, after being put on hold. Women in the Beehive State may also have to travel hundreds of miles to neighboring states to get an abortion. Planned Parenthood of the Rocky Mountains will be ready, according to Teter. “If you live in Utah and you need an abortion, come to Colorado, come to Nevada, we will take care of you,” Teter said. “We have patient assistance funds. We can help people with gas money. We can help people with hotels. We can help people pay for their procedures. No one need go without care.” (Jacobs, 5/3)
The Deseret Sun: Abortion Access: What Supreme Court Decision Would Mean For Utah
Without Roe v. Wade, abortion rights would be left up to the states to decide, and members of Utah’s Legislature have already made it clear how they feel. In 2020, then-Gov. Gary Herbert signed a so-called trigger law, with further, currently illegal restrictions on abortions set to go into effect if Roe is overturned. SB174 prohibits abortions in most cases, but it does allow exceptions if the mother’s life is at risk, if the pregnancy was a result of rape or incest, or if two physicians who practice “maternal fetal medicine” both determine that the fetus “has a defect that is uniformly diagnosable and uniformly lethal or ... has a severe brain abnormality that is uniformly diagnosable.” (Beal-Cvetko, 5/3)
Cincinnati Enquirer: Ohio Bill Would Trigger Abortion Ban If Roe V. Wade Is Overturned
If the landmark abortion decision Roe v. Wade is overturned by the U.S. Supreme Court, Ohio Republicans want to make sure abortions aren't performed here. House Bill 598, introduced by Rep. Jean Schmidt, R-Loveland, would penalize doctors who perform abortions if the landmark decision were overturned – an increasingly likely scenario. It's called a trigger law because the ban is triggered by a court decision or a constitutional amendment to ban abortion. (5/2)
St. Louis Public Radio: Roe V. Wade Decision Could End Most Abortions In Missouri
A draft U.S. Supreme Court decision overturning landmark rulings on abortion rights could end most abortions in Missouri. ... Legislation that Missouri lawmakers passed and Gov. Mike Parson signed in 2019 would ban abortions in the state with the exception of medical emergencies if Roe and Casey are overturned. There would be no exceptions for rape or incest. The law in question is currently ensnared in federal litigation. (Rosenbaum, 5/3)
Atlanta Journal-Constitution: Leaked Abortion Opinion Could Herald Seismic Changes In Georgia
Overturning Roe would pave the way for an anti-abortion measure signed by Gov. Brian Kemp in 2019 to take effect. The state’s law, blocked by a federal appeals court, would ban abortions after a doctor can detect fetal cardiac activity – typically about six weeks into a pregnancy. If the justices issue a ruling that mirrors the leaked draft, it would also sharpen the political divide over abortion months before midterm elections for Georgia governor, a U.S. Senate seat that could decide control of the chamber, and congressional and legislative offices. (Bluestein, 5/3)
Other states plan laws to bolster abortion rights —
Los Angeles Times: Newsom, Lawmakers Want California Constitution To Explicitly Protect Abortion Rights
In a swift response to news that the U.S. Supreme Court appears poised to overturn the nation’s landmark abortion rights protections, Gov. Gavin Newsom and legislative leaders announced Monday night they will ask voters in November to place permanent protections for the procedure in the California Constitution. “California will not stand idly by as women across America are stripped of their rights and the progress so many have fought for gets erased,” Newsom said in a written statement, co-signed by Senate President Pro Tem Toni Atkins (D-San Diego) and Assembly Speaker Anthony Rendon (D-Lakewood). “We will fight.” (Myers, 5/2)
Reuters: California Governor Proposes Amendment To Protect Abortion Rights - Tweet
California governor Gavin Newsom said on Monday that the state will propose an amendment to 'enshrine the right to choose' in the state's constitution, after Politico reported a leaked draft suggesting that the U.S. Supreme Court is set to overturn abortion rights in the country. "We can't trust SCOTUS to protect the right to abortion, so we’ll do it ourselves," Newsom said in a tweet. (5/3)
Chicago Tribune: Illinois, Chicago Reaction To U.S. Supreme Court Draft Overturning Roe V. Wade Comes Quickly, And With Fury
State and local politicians and stakeholders for abortion rights reacted quickly late Monday to news that a draft opinion reportedly had been circulated among justices on the U.S. Supreme Court that would overturn abortion rights secured in the landmark Roe v. Wade case. Democratic Gov. J.B. Pritzker immediately took to Twitter, writing, “Hell no! In Illinois, we trust women. We cannot let their most profound and personal rights be violated.” (Fry and Spaulding, 5/2)
The Detroit News: Whitmer Says She'll 'Fight Like Hell' For Abortion Access After Court Leak
Gov. Gretchen Whitmer said her work challenging Michigan's 1931 ban on abortion in state court is "more important than ever" after a leaked draft opinion showed the U.S. Supreme Court initially has voted to overturn the landmark Roe v. Wade decision. "I’ll fight like hell to protect abortion access in Michigan," the Democratic governor tweeted late Monday in response to the news. (Burke and Harding, 5/3)
In separate abortion-related court cases —
AP: Federal Judge Extends Ban On New Kentucky Abortion Law
A federal judge in Kentucky has extended a temporary ban on the enforcement of a new state law that effectively ended abortions because the state’s two clinics said they can’t comply with all its requirements. U.S. District Judge Rebecca Grady Jennings is giving the clinics more time to explain their objections to the law. Jennings extended a temporary restraining order until May 19, after the existing one expires Thursday. Jennings said, however, some parts of the law not in dispute by the two clinics and state officials would go into effect. “I think there are pieces of this legislation that can be complied with right now,” Jennings said. The judge is planning an order on those parameters this week. (Lovan, 5/2)
Idaho Capital Sun: State Asks Idaho Supreme Court To Rescind Order Delaying Abortion Law’s Implementation
The Idaho Office of Attorney General filed a series of briefs last week asking the Idaho Supreme Court to vacate its order delaying implementation of the state’s newest abortion law. The attorney general’s office also asked the court to strike portions of statements from Planned Parenthood representatives. If the court does vacate its order, the law would take effect immediately. (Moseley-Morris, 5/3)
