Nebraska is on track to ban all abortions in the state if the U.S. Supreme Court overturns its landmark Roe v. Wade decision.
On Friday, lawmakers rescued Legislative Bill 933, which had stalled in the Judiciary Committee, using a rarely-used administrative procedure.
Scout Richters, legal and policy counsel for the ACLU of Nebraska, opposes the measure, and said every Nebraskan should be free to make health decisions that are best for themselves and their families.
"And by pushing through LB 933, politicians are inserting themselves into health care decisions that should belong to Nebraskans," Richters asserted.
Gov. Pete Ricketts welcomed the move by lawmakers to pull the measure out for debate, and promised to sign the bill if passed. The nation's highest court is expected to issue a decision sometime this year which could overturn its 1973 ruling the U.S. Constitution protects a pregnant woman's liberty to choose to have an abortion without excessive government restriction.
The measure would make it a felony for anyone to provide medication or perform procedures to end a pregnancy, starting at fertilization, before women even know they are pregnant.
Richters pointed to recent data showing a strong majority of Nebraskans believe abortion should stay safe and legal in the state, and said lawmakers are out of step with voters.
"Nebraska voters oppose the proposed ban, LB 933, by a double-digit margin," Richters reported. "And in that same poll, most respondents said that the U.S. Supreme Court should not overturn Roe v. Wade."
Richters argued when someone has made the decision to get an abortion, regardless of their reasoning, the government should not stand in their way. She added banning access to the procedure altogether, even in cases of incest or rape, would force many Nebraskans who cannot afford to travel out of state to carry a pregnancy against their will.
"Nebraska's laws already impose significant barriers on Nebraskans who are seeking abortion care," Richters contended. "And we know that those barriers fall hardest on those who are working to make ends meet, people of color, young people, people in rural areas."
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A Florida judge plans to put a hold on the state's new, 15-week abortion ban, set to take effect today. He said it is unconstitutional and will issue a temporary injunction.
Groups including Planned Parenthood of America, the Center for Reproductive Rights and the American Civil Liberties Union sued the state over the law passed by Republican lawmakers, claiming it violates the right to privacy in the state constitution.
Circuit Judge John Cooper agreed, just days after the U.S. Supreme Court overturned federal protections for abortions.
Rep. Yvonne Hinson, D-Gainesville, predicted despite the new Florida ruling, Gov. Ron DeSantis will follow through on his promise to fight to keep the ban.
"He not only will appeal, but come back full force with the full weight of his office, to try and do a full ban," Hinson stressed. "We can expect that if we don't go to the polls with that understanding."
The Florida abortion ban includes no exceptions for cases of rape or incest. In response to the ruling, DeSantis said he expected it, and does not think the state constitution mandates things like, in the governor's words, "dismemberment abortions." Judge Cooper plans to issue the injunction Tuesday.
Hinson urged anyone concerned about a possible outright ban on abortions in Florida to make their voices heard at the polls, because in her view, DeSantis has been able to get what he wants, so far.
"I mean, he has followed through on everything that he has said," Hinson pointed out. "We have to believe him and, we need to vote like we believe him, because everything he does is intentional."
Judge Cooper cited Section 23 of the Florida Constitution, which states: "Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein." Republicans have long struggled to restrict abortions in the state because of the privacy clause.
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Wisconsin's 173-year-old abortion ban faces a legal test, as the state's Democratic leaders announced Tuesday they are suing to overturn it.
The measure, enacted decades before women had the right to vote, bans abortions in nearly all cases.
Gov. Tony Evers called a special session of the Legislature earlier this month to attempt to overturn the ban, but the Republican-controlled Senate and Assembly quickly gaveled out of the session without taking action.
Now, with the protections of Roe v. Wade fallen, Evers said it is time to take action.
"An overwhelming majority of Wisconsinites supported Roe and making sure abortions remain safe and legal in Wisconsin," Evers asserted. "And if Republicans won't do their part and help the people of the state, then we will."
Evers previously stated he would grant clemency to any doctors who are charged under the 1849 law, which carries a maximum sentence of six years in prison and a $10,000 fine. Similarly, Attorney General Josh Kaul indicated his office will not actively investigate or prosecute doctors who violate the measure.
The 1849 law was rendered unenforceable by Roe. Then, in 1985, Wisconsin passed a law banning abortions only after a fetus could theoretically survive outside the womb, anywhere from 20 to 28 weeks, an exact point in time which is a matter of medical dispute.
Kaul argued the 1985 law overrides the 1849 law.
"We've also argued that Wisconsin's abortion ban has fallen into disuse and can no longer be enforced under Wisconsin law," Kaul explained. "There's a legal doctrine known as 'desuetude' that we argue applies here."
Kathy King, medical director of Planned Parenthood of Wisconsin, said restricting abortion access would have serious impacts on maternal health.
"When compared to similar wealthy countries, the United States ranks last, with the highest maternal mortality rate," King reported. "In Wisconsin, you are five times more likely to die from a pregnancy-related cause if you are Black, versus if you are white."
Even before Roe was struck down, Wisconsin already had numerous provisions in place limiting abortion access, including mandatory counseling policies, waiting periods and other restrictions. According to the state's Department of Human Services, there were about 6,400 abortions in 2020, down from more than 17,000 in 1987.
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With Roe v. Wade gone, Illinois is one of the few Midwestern states where abortions are still legal. Now the state's abortion clinics are bracing for a surge in out-of-state patients.
Yamelsie Rodriguez, president and CEO of Planned Parenthood of the St. Louis Region and Southwest Missouri, said its focus is on making sure folks have the resources they need to access abortions across state lines, as nearly all abortions in Missouri are now illegal.
"We are working together with the Pritzker administration to ensure nurse practitioners and physician assistants can practice to the full extent of their training," Rodriguez explained. "Including providing aspiration abortions, commonly known as in-clinic abortions."
St. Louis alders on Friday introduced legislation to start a $1 million abortion fund to provide financial resources to those who need to cross state lines to seek reproductive health care. The measure was referred to the city's Health and Human Services Committee for further deliberation.
Illinois is not only facing a surge on its western border. Kentucky's abortion ban triggered Friday, the Indiana General Assembly is holding a special session next week when lawmakers will likely pass a ban, and an 1849 Wisconsin law outlaws abortions in the state, although the policy will likely face lawsuits.
Qudsiyyah Shariyf, deputy director of the Chicago Abortion Fund, said even before Roe fell, the group was on track to support a record number of people this year, 80% of whom have been from out-of-state.
"The increase in numbers that we've seen is due to many factors," Shariyf pointed out. "It's in response to increased need that we've seen due to more restrictions and bans, as well as the strain of the ongoing global pandemic and economic crisis."
The share of abortions in Illinois provided for out-of-state residents has grown steadily in recent years, according to the state's Department of Public Health. In 2020, about a fifth of all abortions performed in Illinois were for out-of-state residents, most of whom were from Missouri.
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