A New York Law Has Catapulted Later Abortion Back Into the Political Spotlight

A new law expanding abortion rights in New York has simultaneously been hailed by abortion rights advocates and condemned by anti-abortion activists as among the “most aggressive” in the country, fueling an ongoing debate about later abortions. The New York law comes at a time when advocates on both sides of the abortion debate are preparing for the possibility that Roe v. Wade — the landmark 1973 case that effectively legalized abortion nationwide — could be overturned by the U.S. Supreme Court, intensifying the focus on state abortion laws.

What the Legislation Actually Does

Under New York’s previous law, which had been in place since 1970, abortion was legal during the first 24 weeks of pregnancy. After 24 weeks, a pregnant woman could only get an abortion if her life was at risk. The newly enacted Reproductive Health Act expands on what’s legal after 24 weeks, allowing a woman to get an abortion after 24 weeks if her health is threatened, not just her life, and if the fetus would be unable to survive outside the womb.

The new law also moves abortion regulations from the state’s criminal code to the health code, thereby removing the threat of criminal prosecution for medical professionals who perform abortions. And it allows nurse practitioners, physician assistants and licensed midwives, in addition to doctors, to provide abortions. Democratic lawmakers had attempted to pass such a law for years in New York, but it previously failed to pass the Republican-controlled State Senate.

National Political Context and Controversy

The Trump White House has highlighted the issue, prompting speculation that later abortions will become a focus in the 2020 election. President Donald Trump tweeted Thursday that “Democrats are becoming the Party of late term abortion, high taxes, Open Borders and Crime!” Vice President Mike Pence said both the Virginia bill and the New York law “should be a call to action.”

A similar bill proposed in Virginia, which would have reduced restrictions to allow for later abortions if a woman’s health is threatened, renewed that controversy Thursday. Conservatives lashed out at Democratic Virginia Gov. Ralph Northam for defending the bill, claiming he supports the killing of infants after delivery. Northam, a pediatric neurologist, called that insinuation “shameful and disgusting.”

State-Level Abortion Legislation Overview

New York’s law is not unprecedented, but it is the latest of what is expected to be a wave of abortion legislation in coming years. Below is a summary of state-level data and recent legislative actions mentioned in the report:

• General Access: In 19 states, later abortion is permitted to save the life or health of the woman, according to the Guttmacher Institute.
• Automatic Bans: Four states — Mississippi, Louisiana, North Dakota and South Dakota — have already passed laws that would automatically ban abortion if Roe v. Wade is overturned.
• Heartbeat Bills: Iowa went the furthest last year, banning abortion once a fetal heartbeat is detected — as early as six weeks into pregnancy.
• Protective Legislation: Last year, Massachusetts formally repealed an abortion ban, and Washington passed a law requiring insurers that offer maternity care to cover abortions.

In left-leaning states, such as New York, lawmakers are working to pass legislation that would protect abortion rights even in the absence of Roe.