When Representative Lola Sheldon-Galloway of the state of Montana introduced a bill two years ago that prohibited abortion after 20 weeks of pregnancy, the Republican lawmaker knew it was unlikely to survive the Democratic governor’s veto.
For sure, then Gov. Steve Bullock vetoed that bill and two other anti-abortion measures passed by the Republican-led state legislature. In his veto message, Bullock wrote that “for more than 40 years, the US Supreme Court has recognized that the US Constitution prohibits a state from banning abortion.”
But now Bullock is gone, replaced by Republican Greg Gianforte, who has promised to sign any bill that puts new limits on abortion. And abortion rights advocates fear that the court decision on which Bullock based his vetoes – the historic Roe v. 1973 Wade – be on unstable ground.
The Supreme Court tilted further to the right with the confirmation of Judge Amy Coney Barrett last year, giving the upper court a composition of six judges appointed by Republican presidents and three appointed by Democrats.
This encouraged lawmakers in Montana, South Carolina and other right-wing states to present dozens of anti-abortion bills this year, in the hope that the high court will receive lawsuits against new state laws and side with the states. The goal is to destroy Roe v. Wade.
According to Kristin Ford of NARAL Pro-Choice America, more than 60 bills have been presented or passed in state legislatures so far this year to restrict abortion. Most are in conservative states like Montana, South Carolina, Kansas and Wyoming.
“These lawmakers are willing to do whatever it takes to advance their extreme agenda of destroying Roe vs. Wade and push attention to abortion as far as possible, ”said Ford. “With Roe in the crosshairs, the stakes for women, people who are pregnant and families are higher than ever.”
Ford and other abortion rights advocates said any of these projects could be challenged and made it to the Supreme Court.
In Montana, lawmakers introduced six anti-abortion measures this year, including Sheldon-Galloway’s proposed ban on abortion after 20 weeks.
“If that legislation got to the Supreme Court, that would be a good thing, because we need to revisit Roe v. Wade, ”said Sheldon-Galloway.
Eric Scheidler, executive director of the Chicago-based Pro-Life Action League, said the wave of bills exemplified the methods of changing the anti-abortion movement. When his father Joseph Scheidler, who died last year, founded the Pro-Life Action League in the 1970s, the organization’s goal was to overthrow Roe v. Wade in the courts or in parliaments.
Now Scheidler said the current Supreme Court is more likely to overthrow Roe v. Wade gradually, instead of all at once.
“I think this court is more likely to place more restrictions on abortion,” said Scheidler. “I think that in five years we will see that Roe v. Wade was slowly reversed, without ever making a big headline. ”
For anti-abortion groups, pushing legislation at the state level may be their only option, as Democrats control Congress and the White House. President Joe Biden said he wants to “code” Roe v. Wade and appoint federal judges who will respect the precedent.
Sheldon-Galloway said his project would protect fetuses from experiencing pain during an abortion.
Proponents of abortion said the project is based on dubious science and that abortions at this stage of pregnancy are rare and generally only for medical reasons. Similar bills are being introduced in Florida, Hawaii, New Jersey and Oregon.
“There are very few abortions that happen after 20 weeks and, when they do, they usually happen because of a significant medical problem,” said Alison James, who chairs Montanans for Choice, an abortion rights group. “In general, they are desired pregnancies and, therefore, these unnecessary laws put women and families in danger. You will treat them like criminals. “
Groups like Montanans for Choice have stepped up their efforts this year because they know that any abortion bill passed by the Montana legislature will be turned into a law. Other projects prohibit people from accessing abortion drugs by mail and require doctors to offer an ultrasound before terminating a pregnancy. Another would create a voting initiative asking Montana residents to decide whether fetuses that survive an abortion are people with legal rights.
Similar legislation has been introduced in a dozen other states, according to the National Committee on the Right to Life.
Nicole Smith, a member of the Society of Family Planning and a board member of Montanans for Choice, said it is highly likely that any abortion bill that becomes law will be challenged in court, creating a battleground that leads to the Supreme Court.
“We are seeing a flood of accounts,” said Smith. “And it will result in a legal battle.”
KHN (Kaiser Health News) is an independent, non-profit news service covering health issues.