On the heels of their greatest victory, antiabortion activists are eager to capitalize on their momentum by enshrining constitutional abortion bans, pushing Congress to pass a national prohibition, blocking abortion pills, and limiting people’s ability to get abortions across state lines.
At the National Association of Christian Lawmakers conference in Branson, Mo., on Friday several dozen state legislators from across the country brainstormed ideas — all in agreement that their wildly successful movement would not end with Roe v. Wade.
“It’s not over,” said Oklahoma state Rep. Todd Russ (R), who attended the conference. At this point, Russ said, the ideas are like “popcorn in a popcorn popper.”
“There are all kinds going around.”
The Supreme Court decision has already transformed America, immediately ending abortion care in eight states, with many more states poised to ban the procedure in the coming weeks and months. By the end of the year, abortion could be outlawed across roughly half the country. Former vice president Mike Pence and other GOP leaders have called for a national ban.
Democrat-led states are scrambling to enshrine protections for abortion, and President Biden has pledged to do everything in his power “to protect a woman’s right in states where they will face the consequences.” But Biden has also ruled out the more extreme remedies, such as expanding the Supreme Court, and key Democrats remain opposed to eliminating the Senate filibuster to protect abortion rights.
Given those limited options in a post-Roe America, antiabortion lawmakers are pushing to pass more restrictive abortion bans in their states.
Just moments after the Supreme Court released its decision on Friday, Florida state Rep. Anthony Sabatini (R) wrote to Gov. Ron DeSantis, urging the Republican to call a special session that would allow the legislature to pass a six-week abortion ban.
The 15-week ban that DeSantis signed into law in April, which allows more than 90 percent of abortions to continue, does not go far enough, Sabatini said.
“The problem is not the governor … it’s cowards in the Republican legislature who have been blocking [the six-week ban],” said Sabatini. Now that Roe has fallen, he added, he is hopeful that the governor and the legislature will “respond to pressure.” (A DeSantis spokesman pointed toward the governor’s statement on Friday pledging to “expand pro-life protections.”)
Although most legislative sessions have adjourned for the year, governors in several states have indicated their interest in calling special sessions to pass additional antiabortion legislation. Republican Gov. Kristi L. Noem of South Dakota announced a session immediately after the Supreme Court decision, despite the fact that her state already has a “trigger ban.”
Republican governors in Indiana and Nebraska had also signaled their interest in reconvening to pass additional antiabortion legislation if the Supreme Court overturned Roe.