New York Gov. Andrew Cuomo at a news conference on Jan. 29. Cuomo has been criticized by Catholic and pro-life leaders for signing a state law guaranteeing what they call "more late-term abortions for women."
Roe v. Wade, the Supreme Court case that declared abortion a fundamental right, was passed on Jan. 22, 1973. Exactly 46 years after the landmark decision, the New York Reproductive Health Act was signed into law by Governor Andrew Cuomo, causing a huge controversy among pro-life extremists and conservatives.
Those who believe the new bill is a Democratic ploy to kill babies at any point in a pregnancy are, in fact, the most uneducated on the topic.
Roe v. Wade says states may regulate or prohibit abortion after the point of fetal viability (24 to 28 weeks), but they have to make an exception for abortions that would protect the mother's life or health.
New York's new law says abortion is legal in the state under three circumstances:
- The abortion occurs before the end of the 24th week of the pregnancy.
- The abortion is "necessary to protect the patient's life or health."
- There is no "fetal viability," or the fetus cannot live outside of the womb.
The first two circumstances were already protected under Roe v. Wade, while the “fetal viability” provision is a new addition in New York’s law. The goal is to cover circumstances where a woman learns late into her pregnancy that her baby isn’t going to be able to live after birth.
The bill says the mothers’ health care providers must “use their reasonable and good faith professional judgment based on the facts of the patient's case.”
Cardinal Timothy Dolan, archbishop of the Roman Catholic Diocese of New York, said the health exception will allow late-term abortions for any reason. However, the health exception isn’t new since it’s already required under Roe v. Wade.
According to Supreme Court case Doe v. Bolton, “health” includes physical, emotional, psychological, familial, and the woman's age and overall health.
Under previous New York law, only physicians were able to provide abortions in the state. The Reproductive Health Act now allows nurse practitioners, physician assistants and other health care professionals to do so as long as they are certified by the state and doing so in the legal field of practice.
On Feb. 1, Cuomo expressed he believes conservatives are so outraged by the new bill because they want to see Roe v. Wade overturned.
New York’s state criminal code is also taken out with the Reproductive Health Act, since doctors have been in legal trouble for performing such abortions in the past, and expands the health-care providers that can perform these emergency procedures in the state.
Cardinal Dolan said the law "allows for an abortion right up to the moment of birth," in a New York Times op-ed. Again, the law only allows late-term abortions under very limited circumstances - something conservatives can’t wrap their heads around.
According to the U.S. Centers for Disease Control and Prevention, only 1.3 percent of all abortions in the U.S. are performed after the 21st week of pregnancy.
After the bill was passed, President Donald Trump called the Democrats “the Party of late term abortion” contributing to the attention the bill has been getting through national headlines and social media debates.
If people would just read the bill instead of share fake news and misleading headlines, there wouldn’t be as much willful ignorance going against this new bill.
The NY Reproductive Health Act decriminalizes doctors and patients who perform or receive emergency abortions after the 24th week of pregnancy.
