As a tranche of Republican-led states have continued to pass restrictions on abortion access following the fall of Roe v. Wade last year, a number of Democratic governors are stepping up their efforts to craft their states into “abortion sanctuaries.”
Governors in blue states like Illinois, Michigan, Washington and Colorado have started to present themselves as an alternative to Republican leaders in states like Florida and Texas that have strictly curbed abortion rights.
And while it is unlikely that, at the state level, abortion access will be peeled back in these blue states, the policies that the Democratic governors have crafted are to protect the state from federal threats and offer reprieve for people who live in states with restrictive abortion laws.
Stockpiling mifepristone
After federal court rulings placed restrictions on the distribution of mifepristone, a widely-used abortion drug that has been approved for over 20 years, Democratic governors have taken steps to stash a stockpile of the drug.
Washington Gov. Jay Inslee, Massachusetts Gov. Maura Healey and California Gov. Gavin Newsom, all Democrats, have put together a hefty inventory of the abortion drug as protection against the possibility that the Supreme Court ultimately upholds a ruling from a federal judge in Texas that invalidated the drug’s federal approval.
The Supreme Court ruled to temporarily keep mifepristone on the market with a number of restrictions, including not allowing it to be sent via mail, as it is set to make a more permanent ruling as early as Friday.
Shielding abortion providers from out-of-state prosecution
Some of the Republican-led laws to place restrictions on abortion access include the criminal prosecution of abortion providers that give such care and blocking people from traveling across state lines to seek an abortion.
But Democrats are taking action to keep abortion providers safe from out-of-state prosecution.
Washington state Democrats passed a “shield law” that prevents providers from being subject to such out-of-state scrutiny, after neighboring Idaho passed a bill seeking to prevent minors from traveling across state lines to get abortion care.
Colorado Gov. Jared Polis (D) also signed a bill that codified an executive order barring the state from cooperating with out-of-state investigations revolving around reproductive care.
A patchwork of state laws
The moves by Democratic governors to counter the Republican-led restrictions on abortions showcases the legal havoc after Roe v. Wade fell, striking down the constitutional right to an abortion. Without federal protections, states are now left to regulate their abortion rules.
Angela Vasquez-Giroux, vice president of communications and research at the abortion advocacy group NARAL Pro-Choice America, said the patchwork of laws have left providers “confused.”
“Right now with the bans in different states that are constantly going in and out of effect, questions about what’s legal and what’s not, providers are rightfully confused,” Vasquez-Giroux said to The Hill.
