New York to bolster abortion protections as fate of Roe v. Wade unclear

ALBANY — New York lawmakers are buttressing the state’s abortion laws and providing stronger legal protections for service providers ahead of the potential overturning of Roe v. Wade.

The Democrat-led Legislature gave final approval this week to measures that will protect abortion providers from extradition, arrest and legal proceedings in other states, and bar medical misconduct charges for performing reproductive health care.

“We want to make sure that doctors aren’t criminalized and that there’s no criminalization of abortion here,” Senate Majority Leader Andrea Stewart-Cousins said Wednesday.

A draft Supreme Court opinion leaked last month indicated the nation’s highest court could move to strike down the landmark 1973 Roe v. Wade decision that has protected abortion rights across the nation for nearly half a century.

Several conservative states have so-called “trigger laws” on the books that will ban abortions should Roe be struck down by the high court.

New York, however, ensured that reproductive rights will still be protected with the enactment of the Reproductive Health Act.

The 2019 measure codified Roe into state law and also allows a pregnancy to be terminated after 24 weeks if a woman’s life is in danger or the fetus is not viable. It allows a licensed or certified health care practitioner to perform abortions.

Adding to those protections, lawmakers approved a bill sponsored by Sen. Liz Krueger (D-Manhattan) and Assemblyman Charles Lavine (D-Glen Cove) that will protect providers by prohibiting law enforcement in New York from cooperating with anti-abortion states’ investigations regarding legal procedures.

Other measures passed this week would protect the rights of anyone seeking abortion or gender-affirming care in New York — and prohibit the state from extraditing a patient or a health care practitioner to another state to face abortion-related charges if the procedure was conducted in New York.

A bill approved by both the Senate and Assembly would also address confidentiality to protect reproductive health care providers, employees, volunteers, patients or immediate family members.

A separate measure that would create a fund for abortion care providers has not advanced in either chamber.

Gov. Hochul last month directed the state Department of Health to create a $25 million Abortion Provider Support Fund meant to expand capacity at providers and ensure access for patients seeking abortion care in New York.

The governor also announced $10 million for reproductive health care centers to access security grants.

Sen. Phil Boyle (R-Suffolk) during a debate Tuesday said he didn’t believe New Yorkers would support spending tax money on abortions for women coming from out of state.

“You do a poll in your district, the vast majority will be probably going to be pro-choice,” Boyle said. “But then ask them, ‘do you want to use your taxpayer money to pay for abortions for women who travel to New York state if Roe v. Wade is overturned to receive those abortions?’ I guarantee you it’s a lot the other way.”

While lawmakers are wrapping up the legislative session this week, Stewart-Cousins didn’t rule out a return to Albany over the summer if lawmakers don’t finalize language for a constitutional amendment protecting abortion and other rights by Thursday.

The proposal being floated would amend the state constitution to guarantee abortion rights and prohibit discrimination based on national origin, disability, sexual orientation, gender identity, gender expression and sex, including pregnancy and pregnancy outcomes.

Such changes to the constitution need to be approved by lawmakers in back-to-back legislative session years before going before voters.

“If we get to that right place, I don’t think anybody would be opposed to coming back if we don’t resolve it now,” she said.