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California Will 'Fight Like Hell' to Protect Abortion Rights If Roe V. Wade Overturned, Newsom Says

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A woman holds large sign saying 'you can't stop abortion' along with other protesters with supreme court building in background
Abortion-rights supporters rally in front of the US Supreme Court on May 2, 2022, after a draft opinion was released indicating that the court is likely to overturn Roe V. Wade, the landmark 1973 decision that guaranteed federal protections for abortion. (Amanda Andrade-Rhoades/Washington Post via Getty Images)

Update Friday, June 24: The decision in Dobbs v. Jackson Women’s Health Organization was announced on June 24, overturning Roe v. Wade and eliminating the constitutional right to an abortion.

California guarantees the right to abortion in statute and the state constitution. Our state’s abortion laws are the strongest in the United States. Both officials and abortion providers have made it very clear that abortion access in California will not change because of the U.S. Supreme Court’s decision. Read more about the overturning of Roe v. Wade.

Original story continues:

“California will not sit back. We are going to fight like hell.”

That was Gov. Gavin Newsom’s initial response to Politico’s explosive Monday-night publication of a draft U.S. Supreme Court majority opinion that suggests justices are poised to strike down Roe v. Wade, the landmark 1973 ruling that guaranteed the federal constitutional right to an abortion.

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Hours later, Newsom and the Democratic leaders of the state Legislature announced plans to introduce an amendment “to enshrine the right to choose in our state constitution so that there is no doubt as to the right to abortion in this state.” For the amendment to be incorporated into the constitution, it would need to be passed by two-thirds of lawmakers in both the Assembly and Senate and approved by voters.

“California will not stand idly by as women across America are stripped of their rights, and the progress so many have fought for gets erased,” said Newsom and Senate President Pro Tempore Toni G. Atkins (D-San Diego) and Assembly Speaker Anthony Rendon (D-Lakewood) in a statement. “We know we can’t trust the Supreme Court to protect reproductive rights, so California will build a firewall around this right in our state constitution. Women will remain protected here.”

Politico acknowledged the draft opinion has many caveats: It represents only the opinion of Justice Samuel Alito, who wrote the draft for the majority. It’s far from final — the draft was written in February, and the court isn’t expected to issue a final ruling until June or July. And vote breakdowns can change: Although four other Republican-appointed justices reportedly voted to back Alito in private conferences while three Democratic-appointed justices are working on dissents and Chief Justice John Roberts remains undecided, that lineup could shift in the final opinion.

The draft ruling — the first to be released in the court’s modern history while a case is still pending — could supercharge an election season that’s getting into full swing with the June 7 primary just a month away, raising the stakes in already competitive seats.

In his first campaign video of 2022, released Monday, Newsom strolls through a redwood forest while pledging to “always lead the California way.”

One prong of that plan: Making California a “sanctuary” for out-of-state patients seeking abortion, including by helping cover the cost of the procedure, transportation, lodging, child care, food and lost wages. At the local level, two Santa Clara County supervisors are seeking $3 million to help out-of-state women access abortion care.

The Supreme Court overturning Roe v. Wade could result in 26 states immediately banning or severely limiting abortions — making California the closest no-ban state within driving distance for as many as 1.4 million women, a nearly 3,000% increase from current levels, according to abortion-rights supporter Guttmacher Institute.

No state does more to protect abortion access, as CalMatters’ Kristen Hwang reports in this comprehensive explainer.

And it’s seeking to go even further. California clinics that provide abortions are building new facilities closer to transit hubs and training more staff. And a package of 13 abortion-rights bills moving through the Legislature would expand the number of providers, provide financial assistance to people traveling to California to terminate their pregnancies, and legally protect the doctors who treat them.

All of those bills have cleared their first legislative hurdle, though some faced intense opposition from anti-abortion rights protesters.

As the news sank in Monday night, some prominent California Republicans slammed the leak — California Republican National Committee member Harmeet Dhillon deemed it “terrorism against the Court and against our nation” — while Democrats promised to defend abortion rights.

“It’s time for Congress to get off the sidelines,” said U.S. Sen. Alex Padilla. “We must protect the fundamental right to choose.”

Jodi Hicks, president and CEO of Planned Parenthood Affiliates of California, vowed to continue serving Californians and those traveling to California from states that have enacted abortion restrictions.

“This is the nightmare scenario we in the reproductive health, rights, and justice space have been sounding the alarm about,” Hicks said. “To Californians, and people who may seek care here due to hostile bans in their home state, know this: Planned Parenthood health centers across California will remain open.”

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