California’s Leaders Vow Amendment to Enshrine Abortion Rights

(Bloomberg) -- California's top officials vowed to place a measure on the ballot as soon as November that would enshrine abortion rights in the state's constitution, following reports the Supreme Court signaled the overturning of Roe v. Wade.

“If the Supreme Court of the United States won't protect our bodily autonomy, California will make sure our constitution won't leave any room for confusion,” Senate President pro tempore Toni Atkins said during a Sacramento briefing Tuesday.

The action came after Politico reported Monday night that it had obtained a draft majority opinion of the justices that would strike down the 1973 Roe v. Wade ruling, touching off demonstrations at the Supreme Court and in U.S. cities, from Los Angeles to New York.

Governor Gavin Newsom and the Democratic-controlled state legislature have taken steps toward making the most-populous state a haven for abortion seekers and a leader in protecting reproductive rights. California legalized abortion in 1967, years before the Roe v. Wade decision.

California's move on Tuesday paves the way for other liberal-leaning West Coast states to take defensive action, with public opinion strongly behind them. A poll last year by the Public Policy Institute of California found that 77% of adults in the state don't want Roe overturned.

An advisory group backed by Newsom in December recommended expanding access to out-of-state residents, including potentially helping to cover their costs, as part of a wide-ranging report listing actions to ensure abortion protections. In March, he signed legislation to eliminate out-of-pocket expenses for the procedure.

Organizers of a rally at the central Los Angeles courthouse on Tuesday, Rise Up 4 Abortion Rights, have called for mass walk-outs of schools and workplaces on Thursday and a national rally on May 14. The hope is that a mass swelling of public opinion in favor of keeping Roe v. Wade will sway a justice or two to change their mind, according to activists.

“I want to hope that California is a thought leader and California has historically been sensible and reasonable and progressive and people-centered,” said Tori Horowitz, a native Angeleno. “But this sets a really frightening precedent for an extremely scarily conservative agenda.”

In March, Washington, another Democratic bastion, passed the Affirm Washington Abortion Access Act to shore up abortion protections, which is due to take effect in June.

The law clarifies that nurse practitioners and physician assistants who are not doctors may provide abortion care and adds language that protects from prosecution anyone coming to Washington to seek an abortion from states with more restrictive rules, as well as protecting caregivers or anyone who helps them access abortion services.

At a rally in Seattle on Tuesday afternoon, Washington Governor Jay Inslee reaffirmed his commitment to reproductive rights and encouraged hundreds in the crowd to mobilize. “Washington state was a pro-choice state, Washington state is a pro-choice state, and we are going to fight like hell to keep Washington a pro-choice state,” he said in from a park overlooking downtown Seattle and the Space Needle.

Washington could also try to enshrine the right to abortion in its state constitution, he said. He also said he wanted to make sure there were adequate resources to serve people who might come to Washington from other states where abortion access is curtailed.

Washington Attorney General Bob Ferguson said his office would protect the rights of anyone who wants to come to the state to access reproductive healthcare, referencing a Missouri bill that would make it a crime for someone to travel to another state to have an abortion.

“If Missouri or any other state passes such an unconstitutional law like this, and it affects Washingtonians, we will challenge it in court, and I can assure you we will win,” Ferguson said.

Corinne Sebren, a 35-year-old attorney, said she joined the demonstration to show elected officials that it was important to protect “reproductive rights and access to safe and non-shameful abortion.” Washington, she said, “should be a leader for other states.”

If the Supreme Court overturns or weakens Roe v. Wade, the decision preventing abortion bans, 26 states may move forward with restrictions. That could result in a nearly 3,000% increase of out-of-state women seeking the procedure in California, according to the report from the advisory group, the California Future of Abortion Council, which cited data from the Guttmacher Institute.

A package of 13 bills based on the group's recommendations is moving through the California legislature. The measures include funding abortion organizations and training for a more diverse field of health-care providers, reducing bureaucratic hurdles and enacting legal protections for providers and patients coming from anti-abortion states as well providing financial assistance to those seeking care.

“This is an investment in telling our most vulnerable community members that they matter and we're going to use the full strength of our budget, our legislation and the leadership here to ensure that they have access to dignity and health care,” Assemblymember Cristina Garcia said during the briefing. “This moment has just increased the sense of urgency that we need to do both for our individuals here in California and for those seeking refuge as well.”

Two-thirds of lawmakers must approve the constitutional amendment, and the same share of voters must support it. Although California has long recognized the right to privacy, the measure would make it “crystal clear” that the state does the same for reproductive rights, Atkins said.

“We will not back down,” she said. “We will double down.”