American Samoa
Hostile
Now that the Supreme Court has overturned Roe:
American Samoa is likely to prohibit abortion entirely. Abortion is currently prohibited with limited exceptions in the territory.
Governance
American Samoa is unique among the five unincorporated territories. It is governed by an executive order, which vests significant authority for administration of American Samoa in the Secretary of the Interior, so long as the Secretary’s actions are “in harmony with applicable law.”[1]Exec. Order No. 10,264, Transfer of the Administration of American Samoa from the Secretary of the Navy to the Secretary of the Interior, 16 Fed. Reg. 6417 (June 29, 1951); reprinted in 48 U.S.C. § … Continue reading Unlike the residents of the other four unincorporated territories at issue, American Samoans are not U.S. citizens; rather, they are U.S. nationals.[2]8 U.S.C § 1408(1); Sean Morrison, Foreign in a Domestic Sense: Americans Samoa and the Last U.S. Nationals, 41 Hastings Const. L.Q. 71, 121-122 (2013); Tuaua v. United States, No. 12-1143-RJL, 2013 … Continue reading
Restrictions
American Samoa generally prohibits abortion[3]AM. SAMOA CODE ANN. § 46.3901 et seq. with very limited exceptions[4]Id.§ 46.3902. under its criminal code. In 2014, the local government’s family planning program director stated in a letter to a local newspaper that “termination of pregnancy is illegal in American Samoa,” and stated that neither the sole hospital on the island nor any clinics carried mifepristone.[5]Marilyn Pavitt-Anesi, Letter to the Editor, SAMOA NEWS (June 27, 2014) American Samoa law restricts the provision of abortion care to physicians;[6]AM. SAMOA CODE ANN. § 46.3903 however, the island currently has no abortion provider. Individuals who violate American Samoa’s abortion restrictions may face criminal penalties.[7]See, e.g., id. §§ 46.3902 (c), 46.3905, 46.3906.
During the COVID-19 pandemic, travel restrictions and quarantine mandates further impeded access to abortion care for individuals in American Samoa who would otherwise travel to seek abortion care elsewhere.[8]Caleb Jones, Hawaii’s Tourism Industry Struggles as Shutdown Keeps Coronavirus Numbers Among Lowest in USA, In Travel News, USA Today (May 4, 2020, 1:51 PM); Gov. David Ige, Order for … Continue reading
Protections
American Samoa law does not protect abortion.
Post-Roe Prohibitions
American Samoa does not have a pre-Roe ban.
Conclusion
American Samoa essentially prohibits abortion today.[9]Id. § 46.3901 et seq. Now that the Supreme Court has overturned Roe, it is likely that American Samoa will ban abortion outright, absent intervention from the Secretary of the Interior and/or Congress.
References
↑1 | Exec. Order No. 10,264, Transfer of the Administration of American Samoa from the Secretary of the Navy to the Secretary of the Interior, 16 Fed. Reg. 6417 (June 29, 1951); reprinted in 48 U.S.C. § 1662. |
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↑2 | 8 U.S.C § 1408(1); Sean Morrison, Foreign in a Domestic Sense: Americans Samoa and the Last U.S. Nationals, 41 Hastings Const. L.Q. 71, 121-122 (2013); Tuaua v. United States, No. 12-1143-RJL, 2013 WL 3214961, at *6-7 (D.D.C. June 26, 2013). |
↑3 | AM. SAMOA CODE ANN. § 46.3901 et seq. |
↑4 | Id.§ 46.3902. |
↑5 | Marilyn Pavitt-Anesi, Letter to the Editor, SAMOA NEWS (June 27, 2014) |
↑6 | AM. SAMOA CODE ANN. § 46.3903 |
↑7 | See, e.g., id. §§ 46.3902 (c), 46.3905, 46.3906. |
↑8 | Caleb Jones, Hawaii’s Tourism Industry Struggles as Shutdown Keeps Coronavirus Numbers Among Lowest in USA, In Travel News, USA Today (May 4, 2020, 1:51 PM); Gov. David Ige, Order for Self-Quarantine (March 21, 2020) |
↑9 | Id. § 46.3901 et seq. |