Pro-Abortion Politicians Prepare For Post-Roe America

Under the 2019 abortion expansion law known as the Reproductive Health Act (RHA), the state of New York effectively allows abortions to performed for any reason at any stage of pregnancy; it also creates the potential for abortions to be performed by medical personnel other than physicians. In recent weeks, staunchly pro-abortion New York lawmakers have introduced three bills in an effort to make New York law even more protective of unrestricted abortion access than it already is. The bills are designed to combat actual or potential laws in other states, as well as laws that might become effective if the Supreme Court’s 1973 decision in Roe v. Wade were modified or overturned.

The first bill, Bill S.8777-Krueger/A.9627-Lavine, would ban the state of New York from extraditing abortion providers who unlawfully send abortion pills to patients in other states, or who unlawfully participate in out-of-state abortions via telemedicine. The bill would allow such extradition only in situations where the governor of the state demanding extradition alleged that the accused was present in the demanding state when the crime was committed and later fled from that state.                                                                                   

The second bill, Bill S.8778-Krueger/A.9615-Lavine, could be construed to prevent New York’s state and local law enforcement agencies from assisting other states in investigating or arresting abortion providers who unlawfully send abortion pills to patients in other states, or who unlawfully participate in out-of-state abortions via telemedicine.

The third bill, Bill S.8779-Krueger/A.9613-Lavine, would bar courts and county clerks in New York from issuing subpoenas in out-of-state civil court proceedings “relating to any abortion services or procedures which were legally performed in this state.” In so doing, the bill would create an exception to New York C.P.L.R. § 3119, which requires New York’s county clerks to cooperate in serving subpoenas issued by courts in other states.

All three of these bills are designed to undermine other states’ abortion laws and policies in favor of New York’s extreme abortion laws and policies. Furthermore, these proposals would endanger pregnant mothers who may not know the dangers associated with chemical abortions. We hope that Albany’s elected officials will have the sense to reject this kind of election-year pandering to a small portion of the Democratic Party’s progressive base.