New York is taking its strongest stance on abortion in history. Its latest reproductive health law, Senate Bill S2796, sends a clear message to all of America: no matter what the White House has to say on abortion, the right to choice will always be guaranteed in the Empire State. And this new precedent has far-reaching implications for all Americans, everywhere.
Lawmakers pushed the bill through on January 22, on the anniversary of the historic Supreme Court case Roe v. Wade. Also known as the Reproductive Health Act, it allows the right to an abortion up until the due date, with the specification that the mother’s health must be at serious risk, as determined by a healthcare professional. It also removes abortion from the state’s criminal code, protecting doctors who perform abortions from prosecution. On top of this, the law also allows medical professionals who are not physicians to perform abortions (including midwives), making the procedure more accessible to women than ever.
As expected, the bill got a lot of cheers – as well as some very vocal backlash.
For abortion rights activists in states with conservative legislatures, like in North Carolina, the New York law demonstrates the power of voters to settle the abortion debate for themselves.
This development comes during an especially tense moment for the abortion debate in America. In the past two years, Donald Trump has appointed Neil Gorsuch and Brett Kavanaugh to the Supreme Court, making the Bench majority conservative. At the same time, states like Ohio and Iowa have been trying to pass laws that would make abortion illegal after a fetal heartbeat is detected.
Technically, these laws are unconstitutional, thanks to Roe v. Wade. Iowa’s fetal heartbeat law has already been struck down by a district judge. But that ruling is expected to be appealed. Pro-life activists believe that the challenge will go all the way up to the Supreme Court, where a 5-4 conservative majority could easily overturn Roe v. Wade.
The Supreme Court, however, does not get the final say on abortion rights. The pro-choice victory in New York is a reminder for us all: these laws are ultimately in the hands of state legislatures – and by extension, everyday citizens.
In every state, citizens have the power to elect lawmakers who pass the laws we demand, whether it’s a more lenient abortion bill (as Vermont also just introduced) or a more restrictive one (like in Ohio).
Remember the 2018 blue wave? New York’s Reproductive Health Act is a direct result of voters landing more Democrats in power. According to CNN, the new Democratic majority in the state senate helped the act breeze through, where it had been blocked since 2006 by the previous Republican majority.
New York’s Senate Majority Leader Andrea Stewart-Cousins said it best: “We have a president who has made it very, very clear he wants to overturn Roe v. Wade. Today, New York is saying, ‘No!’”
That goes for every state and its citizens. We have the ability to rise up and say “no.”
We the people don’t need the federal government to tell us what our abortion laws should be. Every single election cycle, no matter which side of the debate we stand on, we are given the right to choice.
Don’t waste it. Go vote.