Republican Mary Elizabeth Coleman, who pushes Missouri policy as a change in numerous health care bills, said she specifically targets the Planned Parenthood Clinic in Illinois, across the river from St. Louis, which opened in 2019. Obvious purpose Serves Missouri patients.
“If you also believe that all people deserve dignity, respect and protection, whether born or not born, then of course you want to protect your citizens wherever they are,” Coleman told POLITICO. “If an Missouri resident is harmed, even in Illinois, by a product they bought in Illinois, they still have jurisdiction to sue in a Missouri court because it’s their home, and that’s the same idea about abortion.” Jurisprudence. “
His efforts Missouri puts new vanguard action in state capitals where Conservatives rush to pass legislation ahead of Supreme Court ruling that drastically limits or repeals Vs. Rowe Wade.
Missouri’s proposal is on the legislative calendar, meaning he can vote at any time before the end of the session in May. Legislation goes further than most abortion restrictions across the country and seeks to avoid legal challenges by adopting the same private enforcement mechanism as Texas’s six-week abortion ban, which the Supreme Court has allowed to remain in place for the past six months. . Both policies allow the judge to be awarded at least $ 10,000 in damages if the lawsuit is successful.
Legal scholars say the Missouri proposal opens a Pandora’s box that could force courts to deal with questions that date back to a runaway slave act two centuries ago.
“There is no clear precedent that states can not attempt to regulate behavior outside the state if it has any effect on the state or [involves] “One of their citizens,” said David Cohen, a law professor at Drakeley University School of Law and co-author of a forthcoming review of Columbia law on abortion law. “What these laws do is say, ‘We have a different understanding of how America works, and that understanding is that if you live in this state, we will control wherever you are.’
This move by Missouri comes as a growing number of people seek abortion outside their state, and when abortion advocacy groups raise money to help low-income patients pay for travel and accommodation. This trend, which is most evident in Texas, is likely to increase if the Supreme Court passes a Mississippi law banning abortion within 15 weeks. If that happens, more than half of the states are likely to immediately restrict or ban abortion, further undermining the current national patchwork of access.
Other states are likely to consider their own version of the Missouri amendment if it becomes law and withstands the expected legal challenges.
Chelsea Human, director of state and national legal adviser for the Texas-based anti-abortion group Human Coalition Action in Texas, is working with the same lawmakers who drafted a six-week state ban on a Missouri-like bill that could be introduced. When lawmakers return to Austin next year.
“For six months now, we have been looking at what an almost abortion-free state might look like,” he said. “But we know that women still go out of state, or worse, take medical abortion pills illegally. The Missouri model essentially closes these gaps. ”
According to James Bop Jr., National Counsel for the National Right to Life, there is a legal precedent for such a policy: Several federal and state laws already prohibit the transportation of minors across state lines for abortion without parental consent. But Missouri’s attempt to spread it to the elders, he noted, is “totally novel.”
Abortion pills – which have recently become the most popular method of terminating pregnancy in the United States – are also a target for conservative lawmakers seeking police abortions across state borders.
Several states, including Texas, have shifted to the practice of prescribing drugs through telemedicine and the practice of sending people home by mail. Many others are trying to implement similar bans in the wake of a move by the Biden administration earlier this year to ease restrictions on pills. Coleman’s proposal in Missouri also contains such a ban.
Anti-abortion activists and elected officials who support the policy argue that they will not be able to achieve their goal of eliminating abortion without delaying travel on state lines, and say they are responding to progressive advocates who are raising money to help people terminate pregnancies. In another state.
“You have a very aggressive industry that works to help people circumvent the laws of pro-life,” Christy Hamrick told students for American Life, which has chapters lobbying for restrictions in all 50 states. “So talking to Missouri and other locations is the direct answer.”
This new policy, while it may be difficult to enforce, creates a calming effect, said Andrew Beck, Senior Advocate for the ACLU Reproductive Freedom Project.
“It calls on people to spy on and destroy their neighbors, friends and family,” he said.
Conservative efforts have also prompted lawmakers in Democrat-controlled states to develop countermeasures aimed at protecting state physicians who provide abortions and those who help people cross state borders. These measures also provide legal protection for the pregnant woman, although Coleman’s proposal does not allow the patient to sue.
In California, lawmakers have proposed a set of bills, including one passed by its first committee Tuesday that will protect Californians from Missouri civil lawsuits.
“We do not believe that any other state should have the right or opportunity to infiltrate our state and carry out a decision or control the actions of our citizens or doctors,” said Rebecca Bauer-Kahan, a member of the Assembly who sponsored the bill.
A bill in Washington state awaiting the signing of Democratic Gov. Jay Insley aims to legally protect anyone – including outsiders – who is having an abortion or helping someone do it. And legislators in Oregon Just approved $ 15 million in their budget to cover abortion taxes, cover travel and accommodation expenses for residents and travelers, and expand the number of abortion providers in the state.
The move comes as many await a wave of patients from Idaho, who this week became the first state to follow Texas leadership to ban abortion after six weeks of pregnancy.
Progressive advocates also want the Biden administration to issue guidelines that explicitly state that the right to interstate travel is enshrined in the Constitution, and they We want federal health agencies to strengthen HIPAA protection to prevent people from having their medical records confiscated and used as evidence in court.
Proponents of abortion rights, however, stress that even such state and federal protections would only be a partial solution if more states followed the Missouri leadership.
“Not everyone can fly to California or travel by state line,” Beck said. “It does not help the whole range of people in Missouri who need this care: people of color, undocumented people, young people, rural people, people with disabilities.”
Missouri wants to end out-of-state abortions. Other states could follow.
Source link Missouri wants to end out-of-state abortions. Other states could follow.