US abortion battle rages on with moves to repeal Arizona ban and a Supreme Court case
Actions in US courts and capitals this week have made it clear again: Overturning Roe v. Wade and nationwide abortion rights have not resolved the issue.
One version of the issue was presented to the U.S. Supreme Court on Wednesday for the second time in a month.
Meanwhile, Arizona lawmakers have taken a step toward repealing a near-total ban before enforcement can begin; California’s governor wanted to provide an outlet for abortion providers and patients from neighboring Arizona if that ban goes into effect; and Tennessee moved closer to criminalizing helping a minor leave the state for an abortion without parental consent.
Here you can read what you need to know about the latest developments.
Three Republican lawmakers joined Democrats in the Arizona House to introduce a bill to repeal an abortion ban first passed in 1864, decades before Arizona became a state.
Democrats, including Gov. Katie Hobbs, had been pushing for a repeal since the Arizona Supreme Court’s ruling earlier this month that found the ban can be upheld since the overturning of Roe v. Wade. Republicans had used procedural measures to block a vote on a repeal, which appears to have enough support to pass the Senate.
The state’s attorney general, also a Democrat, said enforcement won’t begin until June 8.
There has been pressure on Arizona lawmakers to withdraw the proposal from the state’s governor, President Joe Biden, and the governor of the neighboring state of California. Governor Gavin Newsom on Wednesday announced a measure that would allow Arizona doctors to perform abortions for Arizona patients in California.
Under proposed California legislation, Arizona service providers could operate in California without additional licenses in November.
Fourteen other states already enforce bans on abortion at all stages of pregnancy. But California hasn’t proposed this kind of help to any of them, possibly because none of them share a border.
At least one ballot measure on abortion could go before Arizona voters in November in the political battleground state.
The conservative majority of the U.S. Supreme Court, which overturned Roe v. Wade less than two years ago, appeared skeptical of the Biden administration’s claim Wednesday in arguments that Idaho should be forced to allow abortion during medical emergencies.
The administration argued that a federal law requiring health care hospitals that accept Medicaid to provide emergency care even if patients cannot pay means hospitals must also perform abortions in emergency situations when a patient’s health is seriously at risk.
The exceptions in Idaho are narrower than that: abortion is only allowed if the woman’s life is in danger.
It was the second time in a month that abortion came before the Supreme Court. Also under consideration is whether to revoke U.S. Food and Drug Administration (FDA) approvals for a drug often used in combination with a second drug for medication abortion — which is now the most common abortion method in the U.S.
Rulings on both cases are expected in June.
With a vote in the Senate on Wednesday, Tennessee became the second state to give full legislative approval to a measure that would ban taking a minor out of state without parental consent to obtain an abortion.
If Gov. Bill Lee, a Republican, signs it into law, it would only affect the Tennessee portion of the trip — not the actual crossing of a state border.
Abortion is banned at all stages of pregnancy in Tennessee and five of the eight contiguous states.
Idaho passed a similar law last year, but a court suspended enforcement due to a legal challenge. A law in Tennessee would also likely face legal challenges.
California’s governor has also fought against this measure and others like it proposed in other states, launching an advertising campaign against it earlier this year.
Maine Governor Janet Mills signed a bill Monday that would make her state at least the 14th with a law intended to protect those who offer abortions to out-of-state patients from legal action in those other states.
Maine’s law takes effect this summer.
It’s a reminder that since the end of Roe v. Wade in 2022, abortion policy has gone in two directions: most Republican Party-dominated states have sought to tighten access, while most Democratic-controlled states have taken action to protect or expand it.
Like several others, Maine’s measure also applies to gender-affirming health care. In addition to imposing abortion bans or restrictions, most Republican-controlled states have also passed bans on gender-affirming care for transgender minors.