Who In Ny Law Supports Late-Term Abortion?

The New York Reproductive Health Act, enacted on January 22, 2019, expands abortion rights in the state, allowing abortions after 24 weeks if a licensed health care professional determines that the mother's health is at risk or the fetus is not viable. The Act passed the New York State Senate by a vote of 38-24 and was signed into law by Governor Andrew Cuomo. The Act has been hailed by abortion rights advocates as a safeguard against the increasingly conservative makeup of the Supreme Court but condemned by anti-abortion activists as aggressive and radical.

The Reproductive Health Act

Prior to the RHA, New York law banned abortions after 24 weeks of pregnancy, except when necessary to save the pregnant woman's life. The law also recognized licensed physicians as the only medical providers able to perform abortions. Abortion was included as part of the penal law under homicide and could be charged as a criminal offense.

The RHA passed the New York State Senate by a vote of 38–24 on January 22, 2019, the 46th anniversary of the United States Supreme Court's Roe v. Wade ruling. The state Assembly passed the RHA on the same day by a vote of 92–47. It was then signed into law by Governor Andrew Cuomo.

The RHA legalizes all abortions on demand up to 24 weeks of gestation. Beyond 24 weeks, abortion is legal if the woman's life or health is at risk or if the fetus is not viable. The determination of whether a woman's health is at risk is left to the discretion of her medical provider, and fetal viability is determined by medical providers based on specific medical criteria.

The RHA permits advanced practice clinicians (APCs), including physician assistants, nurse practitioners, and licensed midwives, to lawfully provide abortion services if they have the appropriate qualifications and if it falls within their scope of practice. This has been important in increasing the number of medical practitioners who can provide safe abortions, making abortion more accessible.

Supporters of the RHA argued that the bill was necessary to codify abortion rights in the state, particularly in light of the possibility of Roe v. Wade being overturned and the issue of abortion legality being returned to the states. Supporters also wanted to remove abortion from the state criminal code and place it in public health law.

Criticism of the RHA centered around the removal of abortion from the criminal code, with some arguing that this could have consequences for crimes against pregnant women. However, legislators who sponsored the act countered that violence resulting in a loss of pregnancy could still be prosecuted as first-degree assault.

The RHA has been a significant development in New York's abortion laws, strengthening abortion rights and access in the state.

The bill's passage through the New York State Senate

The Reproductive Health Act (RHA) was passed by the New York State Senate on January 22, 2019, by a vote of 38-24. The bill had been introduced in the Senate on January 17, 2017, by Senators KRUEGER, STEWART-COUSINS, BRESLIN, COMRIE, DILAN, GIANARIS, HOYLMAN, KAMINSKY, LATIMER, MONTGOMERY, PARKER, PERALTA, PERSAUD, RIVERA, SERRANO, and SQUADRON.

The RHA expands on what is legal after 24 weeks of pregnancy, allowing abortions after this point if a woman's health is threatened or if the fetus is unable to survive outside the womb. Previously, abortions were only permitted after 24 weeks if the pregnant woman's life was at risk. The new law also allows nurse practitioners, physician assistants, and licensed midwives, in addition to doctors, to provide abortions.

The RHA also moves abortion from the state's criminal code to the health code, decriminalizing the procedure and removing the threat of criminal prosecution for medical professionals who perform abortions.

The bill had been proposed in the New York State Legislature since 2007 but had been blocked by Senate Republicans for years. After Democrats gained a majority in the State Senate in the 2018 elections, they made passing the RHA a priority. The bill was signed into law by Governor Andrew Cuomo on the same day it passed the Senate.

The bill's passage through the New York State Assembly

The Reproductive Health Act (RHA) was passed by the New York State Assembly on January 22, 2019, with a vote of 92-47. The bill was signed into law by Governor Andrew Cuomo that evening.

The RHA expands on what is legal after 24 weeks of pregnancy, allowing abortions after this point if a woman's health is threatened or if the fetus is unable to survive outside the womb. Previously, abortions after 24 weeks were only permitted if the pregnant woman's life was at risk. The new law also allows nurse practitioners, physician assistants, and licensed midwives, in addition to doctors, to provide abortions.

The RHA removes abortion from the state's criminal code and places it within the health code, decriminalizing the procedure and removing the threat of criminal prosecution for medical professionals who perform abortions.

The bill had been proposed in the New York State Legislature since 2007 but had been blocked by Senate Republicans for years. After Democrats gained a majority in the State Senate in the 2018 elections, they made passing the RHA a priority.

The passage of the RHA was celebrated by supporters as a safeguard against the increasingly conservative makeup of the Supreme Court and a way to codify abortion rights in the state. Governor Cuomo ordered One World Trade Center and other landmarks to be lit in pink to celebrate the bill's passage. However, this move was criticized by conservative religious figures and politicians, including Vice President Mike Pence.

The bill's signing into law

The Bills Signing into Law

The Reproductive Health Act (RHA) was signed into law by Governor Andrew Cuomo on January 22, 2019, the 46th anniversary of the Roe v. Wade Supreme Court ruling. The RHA expands on what is legal after 24 weeks of pregnancy, allowing abortions if the woman's health is threatened, not just her life, or if the fetus is unable to survive outside the womb.

The RHA also moves abortion regulations from the state's criminal code to the health code, decriminalizing abortion and removing the threat of criminal prosecution for medical professionals who perform abortions. It allows nurse practitioners, physician assistants, and licensed midwives, in addition to doctors, to provide abortions.

The RHA repeals several sections of the state's Public Health Law, including §4164, and the Penal Law, including §§125.40, 125.45, 125.50, 120.55, and 125.60. It also amends the article heading of Article 125 of the Penal Law, changing "Homicide, Abortion and Related Offenses" to "Homicide and Related Offenses."

The RHA was passed by the New York State Senate by a vote of 38-24 and by the state Assembly by a vote of 92-47 on the same day it was signed into law. It was celebrated by supporters as a safeguard against the newly conservative makeup of the Supreme Court and a way to codify abortion rights in the state.

However, the RHA was also criticized for removing abortion from the criminal code, with some arguing that it would have potential consequences for crimes against pregnant women. There were also concerns that it gave doctors too much discretion in determining whether a woman's health was at risk.

The passage of the RHA in New York was part of a broader trend of states passing abortion legislation in anticipation of the possible overturning of Roe v. Wade, which occurred in 2022 with the Supreme Court decision in Dobbs v. Jackson Women's Health Organization.

The law's impact on abortion access

New York's Reproductive Health Act (RHA) was signed into law by Governor Andrew Cuomo in 2019. The Act expands on abortion rights in the state, allowing women to get an abortion after 24 weeks if their health is threatened, not just their life, and if the fetus is unable to survive outside the womb. The law also removes abortion from the state's criminal code, decriminalising the procedure and removing the threat of criminal prosecution for medical professionals who perform abortions.

The RHA has been hailed by abortion rights advocates as a safeguard against the increasingly conservative makeup of the Supreme Court. Governor Cuomo stated that "whatever happens in Washington, women in New York will always have the fundamental right to control their own body". This is particularly significant given the Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, which returned the issue of abortion legality to the states.

The RHA has also been criticised, however, for removing abortion from the criminal code. Some argue that this removes an important prosecutorial power, such as being able to fully charge a domestic abuser for ending a woman's pregnancy. There are also concerns that removing abortion from the criminal code could have consequences for crimes against pregnant women. For example, State Representative Nicole Malliotakis argued that if a fetus dies as a result of an assault on a woman, there would be no prosecution. However, two legislators who sponsored the Act countered that violence resulting in a loss of pregnancy could still be prosecuted as first-degree assault.

The RHA has also been criticised by anti-abortion activists, who argue that it goes too far in expanding access to abortions later in pregnancy and gives doctors too much discretion. For instance, Marjorie Dannenfelser, the president of the anti-abortion group Susan B. Anthony List, called the law a "tragedy" and argued that it allows abortion "through birth". Abortion rights advocates counter that the law brings state policy in line with legal precedents established by Roe v. Wade and that the idea that the law allows any woman with a healthy, risk-free pregnancy to have an abortion "through birth" is flawed.

The RHA has also been the subject of religious criticism. Leaders of the Catholic Church, which opposes abortion, have condemned the law and criticised Governor Cuomo, who is Catholic. Cardinal Timothy Dolan, Archbishop of New York, called the law "ghoulish" and accused Cuomo of alienating the church. Cuomo dismissed this criticism, stating that he does not "govern as a Catholic" or "legislate as a Catholic".

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