In a landmark ruling, the Supreme Court on Friday overturned Roe v. Wade, the 1973 decision that establishedthe constitutional right to abortion in the U.S.
Within minutes, officials in New York, which has long been considered a beacon of abortion rights, spoke out against the decision, as clinicspreparedfor an influx ofout-of-state patientsseeking abortion care.
A draftopinion onDobbs v. Jackson Women’s Health Organization, a Mississippi case challenging access to legal abortion, was leaked in early May and published by Politico. Ithinted that the Court couldstrike down the nearly 50-year-old Roe decision, leading to protests and outcry across the nation.
But the ruling wasn’t final until Friday.
The vote ended up being 6-3 on the Dobbs caseand 5-4 on Roe.
Alito was joined in the overturning of Roe by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Roberts would not have overturned Roe, but did vote to uphold the Mississippi law. Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor dissented in both votes.
The 5-4 decision was enough tosend abortion control back to individual states.
"The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority," wrote Justice Samuel Alito in the final opinion, referring to the original abortion decision and a 1992 case that affirmed it. "We now overrule those decisions and return that authority to the people and their elected representatives."
How does this affect abortion in New York?
The ruling gives states the power to set abortion law, which means little is likely to change in New York.
In 2019, New York passed the Reproductive Health Act, which enshrined Roe v. Wade into state law and allows an abortion to be performed up to 24 weeks of pregnancy.
However, the ruling could cause out-of-state residents to flock to New York clinics if or when their states make it difficult or impossible to have the procedure.
Thirteen states have "trigger laws" that would restrict access to abortion if Roe were overturned, according to the Guttmacher Institute. A number of other states have other types of abortion bans on the books, some of which existed before Roe.
The moment the draft opinion was revealed, New York officials sprang into action, promising to welcome those from out of state and proposing legislation to further protect abortion rights.
The state legislature passed bills earlier this month to shield abortion providers from liability when working with patients traveling from other states. Gov. Kathy Hochul signed that bill earlier this month.
But lawmakers stopped short of amending the state Constitution to codify abortion rights within it — something advocates had pushed for.
What is New York's abortion law?
New Yorker's abortion rights rest largelyon the 2019 Reproductive Health Act.
Thelawmakes clear that abortion is legal in the state under three circ*mstances:
- The abortion occurs before the end of the 24th week of the pregnancy.
- The abortion is "necessary to protect the patient's life or health."
- There is an absence of "fetal viability," or the ability for the fetus to survive outside the womb.
The law also takes abortion out of the state's criminal code and expands the variety ofhealth-care providers that can perform the procedure in the state.
Until former Gov. Andrew Cuomo signed the Reproductive Health Act, New York's abortion laws had been in the state penal code since 1970.
The penal code laid out various criminal penalties for those who performed an illegal abortion, including doctors who performed one after the 24th week if the mother's life was not in danger.
The new law ended thosecriminal penalties, with proponents saying it sends a message that abortion is a medical procedure, not a crime.
Hochul reacts to Dobbs
Within minutes of Friday's decision, Hochul took to Twitter, writing: "Today the Supreme Court rolled back the rights of millions of Americans, disregarding their interests and — more importantly — their lives. Access to abortion is a fundamental human right, and it remains safe, accessible, and legal in New York."
Within an hour of the decision, the governor appeared atthe dedication of the groundbreaking for the new visitor center at the Stonewall National Monument in Manhattan, and spoke to reporters.
"It is a dark day for women across this nation who have long fought for the right to have control over their own bodies," the governor said.
"This is repulsive at every level to think that the Supreme Court says there is absolutely no constitutional right to an abortion, something that we've had in our state since 1970, for our nation since 1973, Roe v Wade."
Asked what New York can do, legislatively, in the wake of the decision, Hochul mentioned a package of bills she signed this month, including one granting immunity to abortion providers in the state who may be at risk of lawsuits in other states which empower individuals to sue providers in other states.
Hochul was joined by Senate Majority Leader Chuck Schumer, who framed the decision as a rallying cry for Democrats.
"Today is one of the darkest days our nation has seen," Schumer said. "These justices appointed by Republicans, presiding without any accountability, have stolen a fundamental right to have an abortion away for the American women in this country.
"Elect more MAGA Republicans if you want nationwide abortion bans, jailing of women and doctors, no exemptions for rape or incest. Or elect, go to the polls, fight, elect more pro-choice Democrats to save Roe and protect a woman's right to make decisions over their own bodies."
U.S. Sen. Kirsten Gillibrand tweeted: "When you take away someone's ability to make their own decisions about their own body, they are no longer a citizen. They no longer have freedom, bodily autonomy, or basic civil rights. That's the America that the Supreme Court's decision overturning #RoeVWade just created."
Some prayers answered with Roe's fall
Though New York protects abortion as a right within its borders, many New Yorkers have been praying and hoping this day would come for decades.
Overturning Roe v. Wade is "the answer to the prayers and hopes and dreams of millions of Americans seeking respect for the humanity of the preborn child," said the Rev. Arthur Rojas, administrator of Presentation-Sacred Heart Parish in Esopus and Port Ewen, as well as the moderator for the Ulster County Deanery Respect for Life Committee.
Feminists ChoosingLife of New York expressed gratitude that the Supreme Court "recognized abortion rights do not exist within our Constitution," the group wrote Friday."We support science which clearly demonstrates that unborn children are human beings...we are grateful for this step forward for women and for life."
Maureen Haege, an advocate for the anti-abortion group DutchessNY4Life, said in anticipation of Roe v. Wade being overturned that it would be "a historic decision in support of life, however, it will not be the end of the pro-life movement."
Haege noted the access to abortions in New York.
"As such, we need to support candidates for elected office at all levels of government who will protect human life … both inside and outside of the womb ... so that New York State will one day support a culture of life," she said.
Eileen Peterson of Stony Point said it was a day to rejoice. The chair of the Catholic Daughters of the Americas said the group had "prayed, fasted, witnessed with love and supported crisis pregnancy centers" for the past 49 years under Roe.
"Just like slavery, this horrific Supreme Court decision denied the humanity in the womb of the child," Peterson said. "May today all Americans unite in respect for God’s Creation and know anyone in a crisis pregnancy will be helped financially, emotionally and spiritually."
New York officialsweigh in
Political officials from across the political spectrum reflected onthe historic moment Friday.
New York Attorney General Letitia James characterized Friday's ruling as "avicious, dangerous, and deliberate attack on our most basic freedom as humans," and vowed to ensurethat low-income New Yorkers and those from out of state can access abortion care in New York.
Rep. Claudia Tenney, a Republican whose central New York district stretches from Rome to Binghamton, tweeted: “Today, the Supreme Court affirmed what has been true all along: that Roe & Casey were wrongly decided. The right to abortion is not one that has ever been guaranteed or protected by the Constitution of the United States.”
She added: “The independence of our judiciary must always be protected and respected. Acts of violence or intimidation are unacceptable and must be swiftly condemned.”
Rep. Joe Morelle, whose congressional district covers Rochester, called Friday “a tragic day in America,” when “the Supreme Court has just delivered the most disastrous and terrifying ruling in decades. This formally begins an all-out assault on women’s rights.”
Morelle added: “At this very moment, states around the nation are moving to criminalize a woman’s right to make her own healthcare decisions and her fundamental right to privacy.”
NYlaunches abortion education campaign
New York will deploy a media and advertising campaign trumpeting abortion rights in New York in the wake of the Supreme Court ruling, Hochul's office announced Friday.
It will feature information in English and Spanish atmass transit hubs, shopping centers, airports, and overradio and digital channels. The state alsorolled out a new website as a hub for all things abortion rights-related, including information on providers and treatment options. The site isavailable in 12 languages.
How was the draft opinion leaked?
On May 2, Politico published a leaked draft of the majority opinion in Dobbs v. Jackson Women’s Health Organization, a Mississippi case challenging access to legal abortion.
Drafted by Alito and circulated in February 2022, Dobbs represented a complete repudiation of the 1973 Roe v. Wade ruling that made abortion the law of the land, and 1992’s Planned Parenthood v. Casey, which affirmed it.
The unprecedented leak of the draft sparked an internal investigation at the court, with Chief Justice John Roberts confirming the document was authentic, and saying in a statement: “To the extent this betrayal of the confidences of the court was intended to undermine the integrity of our operations, it will not succeed.”
The leak prompted protests outside the High Court, and at the homes of some of its justices. Congress passed legislation on June 16 to give police protection to the immediate families of Supreme Court justices and other officers of the court if the "Marshal determines such protection is necessary.” President Joe Biden signed the bill later that day.
The investigation into the leak continues.
Hochul makes abortion rights a campaign issue
For her part,Hochul, the state’s first female chief executive, has made abortion rights a pillar of her election campaign, positioning New York as a refuge for those whose states forbid or restrict it.
On the night the draft opinion was leaked, she rolled out New York's welcome mat.
"For anyone who needs access to care, our state will welcome you with open arms,” Hochul said, as news was spreading about theleaked draft opinion. “New York will always be a place where abortion rights are protected and where abortion is safe and accessible.”
Days later, she wrote a letter to Senate Majority Leader Chuck Schumer, Sen. Mitch McConnell, Speaker of the House Nancy Pelosi and House Minority Leader Kevin McCarthy.
"When New York legalized abortion three years before Roe v. Wade, our state served as a safe harbor for those seeking abortion care, and with Supreme Court threatening to strike down Roe, we stand ready to once again welcome those in need," she wrote. "I urge Congress to act immediately to safeguard abortion access across the nation and ensure that states like New York have adequate support to accommodate additional patients who will need our help."
A week later, her campaign was out with an ad, titled "At Stake," which opens with a narrator intoning: "With so much at stake and Roe v Wade on the chopping block, governors are the last line of defense to protect abortion."
A busy week for Hochul
Friday's announcement on abortion came 24 hours after anotherlightning-bolt Supreme Court decision, striking downNew York's "proper cause" handgun law.
Hochul called that decision “a deeply disturbing day” and vowed to take action to restore limits on where New Yorkers can carry weapons.
The case has been closely watched in New York, as it came on the heels of a mass shooting at a Buffalo supermarket in May. An 18-year-old gunman opened fire in a Tops Friendly Markets store in a historically Black neighborhood, killing 10 and injuring three more in what authorities called a racially-motivated killing.
The shooting was quickly followed by another at an elementary school in Uvalde, Texas, which left 19 children and two adults dead.
Hochul said she is looking at dates tocall state lawmakers back for a special session next week to respond to the Supreme Court ruling overturning New York's gun law.
Read the opinion here
This is a developing story. Check back for updates.
Includes reporting by Jon Campbell, David Robinson and John Fritze.
Sarah Taddeo is the New York State Team Editorfor the USA Today Network. Got a story tip or comment? ContactSarahat STADDEO@Gannett.com or onTwitter @Sjtaddeo.This coverage is only possible with support from our readers.Please consider becoming a digital subscriber.
