CONCORD- On Wednesday, January 19, 2022, at 1 p.m., the New Hampshire Senate Judiciary Committee will hold hearings on two proactive abortion rights bills. SB 399 would repeal New Hampshire’s 24-week abortion ban and ultrasound mandate for all abortion care. SB 436, the Abortion Care Access Act, would enshrine abortion rights in state law and ensure abortion remains safe, legal, and accessible in our state — regardless of the ruling. rendered by the United States Supreme Court in the coming months.
The hearings take place a few days before the 49th, and possibly the last, anniversary of Roe vs. Wade January 22. Currently, two cases before the United States Supreme Court pose an unprecedented threat to access to abortion nationwide. Rulings in those cases are expected by June 2022 and would result in 26 states deciding to ban or severely restrict access to abortion — that’s 36 million, or nearly half of American women. of childbearing age – who could lose access to abortion.
Statement from Kayla Montgomery, Vice President of Public Policy for Planned Parenthood of Northern New England and Planned Parenthood New Hampshire Action Fund:
“We are in a moment of crisis in our country – nearly half a century of case law is about to be overturned by the Supreme Court of the United States. We need solutions in New Hampshire to protect and expand access to abortion care We urge the New Hampshire Senate to completely repeal the abortion ban and ultrasound mandate and pass the Abortion Care Access Act because every Granite Stater should have access to the health care they need – including abortion – without government interference.
CONTEXT:
New Hampshire Abortion Care Access Act (AAA)
- SB 436 would put abortion rights into state law. If passed into law, regardless of what happens in the U.S. Supreme Court, abortion will remain safe, legal, and accessible in Granite State.
- The Abortion Care Access Act affirms longstanding New Hampshire values by enshrining in law the right to make personal and private health decisions regarding abortion.
- The AAA does not change current New Hampshire abortion laws; however, it provides essential protections to ensure Granite Staters can work with their physicians to get the health care they need in the majority of situations.
24-week abortion ban:
- This prohibition is extreme for many reasons. There are no exceptions for fatal fetal diagnoses, rape, or incest; and it has a very narrow exception for maternal physical health.
- Additionally, this abortion ban criminalizes health care providers with a Class B felony of up to seven years in prison and a fine of up to $100,000, allows husbands to sue civil actions and allows the parents of the patient to bring civil actions.
- There are no other medical procedures in New Hampshire law subject to felony charges and imprisonment for medical professionals.
- Nearly 200 New Hampshire medical providers opposed the bill during the legislative process.
Disposition of the ultrasound mandate:
- Article 39 of HB 2 states: “Except in a medical emergency as specifically defined in paragraph III, no abortion shall be performed, induced, or attempted by a health care provider unless a health care provider has first determined the likely gestational age of the fetus…the health care provider should perform an obstetrical ultrasound of the patient in order to make a decision.”
- Although ultrasounds are done in certain circumstances, they may be unnecessary for some patients with access to abortion. This is especially true for medical abortion, which is a safe and effective way to terminate a pregnancy early in gestation and accounts for approximately 39% of all abortion care nationwide. Requiring an ultrasound to obtain a medical abortion creates unnecessary barriers to abortion access, including transportation and cost.
- According to the American College of Obstetricians and Gynecology, “For patients with regular menstrual cycles, some last menstrual period within the previous 56 days, and no signs, symptoms, or risk factors for ectopic pregnancy, physical examination or an ultrasound examination is not required prior to medical abortion.With this provision, however, an ultrasound will be required to access abortion care.
- The new law requires an ultrasound before all abortion care to determine gestational age. In the early stages of pregnancy, at PPNNE, a transvaginal ultrasound is necessary to meet this requirement. At PPNNE, for abortion care after 11 weeks, an abdominal (or pelvic) ultrasound is usually used.
- Requiring ultrasounds before all abortion care aims to shame patients. During the conference committee, a state representative advocating for this provision explained that “ultrasound images can be helpful for this mother to connect with the baby inside of her so that she is better able to make a decision as if she wants to go ahead with the procedure. This kind of statement makes it clear that some New Hampshire lawmakers don’t trust patients to make their own health care decisions.
Vote:
- A poll released in July 2021 by the UNH Survey Center shows New Hampshire’s abortion ban is deeply unpopular, with only a third of Granite Staters supporting it. Nearly half of independent Granite Staters oppose the ban, as do 27% of Republicans.
- The UNH Center of Inquiry poll also shows that only 31% of Granite States support Governor Sununu’s signed provision that mandates medically unnecessary and often invasive ultrasounds before abortion care at all stages of life. the pregnancy.
Supreme Court:
- Two U.S. Supreme Court cases could overturn Roe v. Wade, jeopardizing access to abortion in our country. By next year, 26 States could lose access to abortion, affecting 36 million people – nearly half of US women of childbearing age (18-49) and more people at risk of becoming pregnant.
- The Supreme Court heard argument in Texas SB 8 on November 1, 2021, but not on the law’s constitutionality. SB 8 is a 6 week abortion ban, which is currently in place. Abortion remains virtually inaccessible in Texas.
- The Supreme Court will hear the arguments Dobbs v. Jackson Women’s Health Organization on December 1, 2021, which marks the first time in 50 years, the Court agreed to hear a case on the constitutionality of a pre-viability abortion ban.
- There are 16 more abortion-related cases one step away from the Supreme Court.