Pennsylvania Doubles Down on Restricting Abortion: Bill Passed By House Contains Two Abortion Bans
The Pennsylvania House of Representatives passed an unconstitutional measure yesterday which bans the most common method of second trimester abortion while also banning abortion at 20 weeks after a woman’s last menstrual period—prohibiting abortion care even earlier than most of the other state laws of this kind. The measure is already facing strong opposition in the state, with the Pennsylvania Section of the American Congress of Obstetricians and Gynecologists opposing the measure, stating that “efforts to legislate and criminalize the practice of medicine sets a dangerous precedent.” Additionally, Pennsylvania Governor Tom Wolf (D) has indicated he will veto the measure, citing constitutional concerns. West Virginia Governor Earl Ray Tomblin (D) vetoed a similar measure last month which would have banned the most commonly used method of ending a pregnancy in the second trimester while courts in Kansas and Oklahoma have already blocked similar measures.
The bill now heads to the Pennsylvania Senate.
“It’s inexcusable that Pennsylvania politicians are spending their time working on cruel and unconstitutional abortion bans this legislative session,” said Amanda Allen, Senior State Legislative Counsel at the Center for Reproductive Rights. “This measure delivers an unconstitutional one-two punch to the health and rights of Pennsylvania women. The Pennsylvania Senate must immediately reject this attack on women’s health care.”
The U.S. Supreme Court has consistently held—first in Roe v. Wade and again most recently in Planned Parenthood v. Casey—that women have a constitutional right to decide whether to end or continue a pregnancy and states cannot ban abortion prior to viability. When these bans are challenged in court, they do not pass constitutional muster. Earlier this year, the Supreme Court refused to review North Dakota’s ban on abortion as early as 6 weeks of pregnancy and Arkansas’ ban on abortion at 12 weeks of pregnancy, in 2014, the nation’s highest court refused to review Arizona’s ban on abortion at 20 weeks of pregnancy. The Court has also consistently held that states cannot ban the most commonly-used method of second-trimester abortion.
