Thumbing their noses at 1973 Roe v. Wade, legalizing abortion under federal law, Alabama, Georgia, Louisiana and Missouri passed restrictive abortion laws, outlawing abortion with only the health of the mother at state. While Roe v. Wade gave women the right to choose abortion, the new laws ignore the federal legislation that prevents states and local communities from restricting abortion. Passing the new abortion ban May 13 74-3 in the Alabama House and 25-6 in the Senate, 74-year-old Gov Kay Ivey signed the bill into law May 14, inviting injunctive relief in federal courts. Breaking ground on a $388 million Hyundai Motor plant May 14, Ivey was asked whether or not Alabama’s abortion bill discouraged businesses from moving to the state. “It’s a great place to do business,” Ivey said. “We’ve got a business-friendly environment,” unless, of course, you’re seeking an abortion.
Ivey’s kidding herself thinking there’s not going to be a backlash against running afoul with federal law. Whether folks in the Deep South like it or not, they’re still part of the United States, subject to the Supremacy Clause, putting federal law above state and local laws. “All human life is precious,” Ivey said, insisting her state would defend the rights of the unborn child. “You certainly cannot deter your efforts to protect the unborn because of cost, even if it mean going to the United State Supreme Court. Ivey, and other pro-lifers, hoping that a more conservative Supreme Court will rule favorably on statewide abortion bans. In his confirmation hearing Sept. 27, 2018, conservative Supreme Court Justice Brett Kavanaugh said without reservation that Roe v. Wader was settled law. Ivey hopes Kavanaugh and other conservative change their minds. Raising the age-old debate, anti-abortion bills re-litigate Roe v. Wade.
When Georgia Gov. Brian Kemp signed the fetal “heartbeat” bill into law May 6, it essentially banned all abortions, since the fetal heartbeat usually occurs at six weeks gestation or the earliest time to confirm pregnancy by most over-the-counter urine tests. “It’s been an influx like we’ve never seen before,” said Barbara Ann Luttrell, Communication Director for Planned Parenthood. “We’ve be completely inundated,” Luttrell said with calls from women not knowing their rights under the new abortion bans. Women with Planned Parenthood appointments were dumfounded, not knowing what to do about terminating unwanted pregnancies. “Abortion is already so stigmatized,” said Dr. Yashica Robinson, one of Alabama’s last abortion doctors. “Woman have it ingrained in us that abortion is bad . . .” said Robinson, urging women to continue advocating for their personal rights.
Georgia’s new law doesn’t take place for six months, assuming Planned Parenthood doesn’t file for injunctive relief in U.S. District Court. Alabama’s new law doesn’t go into effect until Jan. 1, 2020, unless a federal court strikes down the law. Rep. Terri Collins (R-Ga.) said the purpose of the bill was to recognize the earliest time of fetal viability, something mentioned in Roe v. Wade as around 24-25 weeks. Collins believes, like the bill in Georgia, that fetal viability begins at week-six of gestation. Planned Parenthood in Alabama and Georgia plans to file for injunctive relief in federal court, forcing adherence to Roe v. Wade. Georgia requires all women seeking abortion to undergo counseling, then a 24-hour waiting period before abortions could be performed. Georgia also requires parental notification if the teen is under 18-year-of-age, something unheard of in states like New York and California.
Signing House Bill 314 into law May 14, Alabama Gov. Kay Ivey signed the new law, banning abortion even in cases of rape and incest. When you consider that most Republicans want less government intrusion, banning abortion could not be more intrusive to women. Pro-choice women around the country are watching GOP-backed abortion bans carefully heading into 2020. Former VP Joe Biden (D-Del.) has leaped ahead of 22 Democrat rivals, stating without reservation his support of Roe v. Wade. Republicans find themselves losing moderate Republican, crossover Democrats and independent votes backing anti-abortion bans. However small the pro-life lobby, voters won’t take lightly GOP-backed abortion bans. Whether wanted or not, states legislating anti-abortion bills will pay eventually at the ballot box, with the vast majority of voters backing a women’s right-to-choose.
Anti-abortion conservative states have made it all but certain that 72-year-old President Trump will wind up a one-term president. However one differs with Trump, attacking Roe v. Wade will drive most women to back the pro-choice candidate. Facing a tough road in federal court, anti-abortion bans create so much bad publicity for the GOP heading into the 2020 election. “We vowed to fight this dangerous abortion ban every step of the way and we mean what we said,” said Staci Fox, president and CEO of Planned Parenthood Southeast. “We haven’t lost a case in Alabama yet and we don’t plan to start now,” giving pro-life advocates something to worry about. Putting pro-life groups in the headlines, the GOP hurts Trump’s attempt at a second term. Whatever one thinks of Roe v. Wade, Justice Kavanaugh said it best in his confirmation hearing: It’s settled U.S. law.
