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Wednesday, May 29 2019

Full Issue

Kamala Harris Wants States To Have To Get Approval From DOJ Before Restricting Abortion Rights

2020 hopeful Sen. Kamala Harris' plan, which follows the model set in place by the Voting Rights Act, would apply to jurisdictions with a history of violating Roe v. Wade. In 2013, the Supreme Court effectively struck down the heart of the Voting Rights Act, ruling the formula that determined which states had to receive pre-clearance before making changes to voting procedures was unconstitutional.

Democratic presidential candidate Kamala Harris said Tuesday that if she won the White House, she would require states seeking to restrict abortion laws to first obtain federal approval. The senator from California said she would back legislation requiring states with a history of restricting abortion rights to receive clearance from the Justice Department to change abortion laws. (Summers, 5/28)

The requirement would apply to jurisdictions with a history of violating Roe v. Wade, the Supreme Court鈥檚 landmark decision in 1973 that established the constitutional right to abortion. These jurisdictions would have to clear new abortion laws with the Justice Department before putting them into effect. Ms. Harris is one of several Democrats in the 2020 race who have sharply criticized laws passed in Alabama, Missouri and other states that severely restrict abortion. She is also one of several Senate co-sponsors of the Women鈥檚 Health Protection Act, which would prevent any government entity from imposing various restrictions on abortion services. (Stevens, 5/28)

But any attempt to put abortion rights into federal law will be difficult if Republicans, who overwhelmingly oppose legal abortion, control one or both chambers of Congress after the next election or maintain filibuster power to block bills in the Senate. (Kapur, 5/28)

鈥淚t really goes on the offense. It鈥檚 a real game changer,鈥 said Laurie Rubiner, former vice president of Planned Parenthood. Currently, if abortion rights advocates oppose a law passed on the state or local level, 鈥渨e have to wait for them to pass the law, we go to court, we challenge it,鈥 Rubiner said. 鈥淭he onus is on us to challenge it. We have to go through the expense, the time.鈥 (Mason, 5/28)

Ms. Harris, who was expected to explain her new plan at an MSNBC town hall Tuesday, is one of several presidential candidates to issue proposals in response to the passage of abortion restrictions in states like Alabama, Missouri, and Georgia. The wave of recent bills has rallied both abortion rights and antiabortion activists in the last two weeks. (Parti, 5/28)

Several candidates have released their plans to protect abortion access, including Sen. Kirsten Gillibrand (D-N.Y.), Sen. Cory Booker (D-N.J.) and former Rep. Beto O'Rourke (D-Texas). (Hellmann, 5/28)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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