NH and Maine officials said abortion would remain legal in both states

This story was originally published May 4, 2022.

The U.S. Supreme Court is considering overturning the 1973 Roe v. Wade decision that establishes a constitutional right to an abortion, according to leaked documents reported by Politico. The content of the documents was confirmed as accurate but not final by court leadership.

If overturning Roe v. Wade becomes reality, abortion law would mostly turn over to the states, with many states already in the process of banning abortion.

Here's a look at what this could mean in New Hampshire and Maine:

What would be immediate effect in New Hampshire and Maine if Roe v. Wade is overturned?

The existing state laws would govern abortion until and if any changes are made. In Maine, abortion is legal.

Abortion was also fully legal in New Hampshire until this year, when significant restrictions were added.

New Hampshire, in a bill signed by Republican Gov. Chris Sununu last year, outlawed abortion after 24 weeks gestation, effective Jan. 1, 2022, with exceptions only for pregnancies that threaten the mother's life or health.

New Hampshire's House and Senate in April this year passed a bill that would allow abortions for a fatal fetal anomaly after 24 weeks without doctors facing prison time and fines. Sununu has said he will sign the bill. The governor also wanted exceptions added for rape and incest, and dropping criminal and civil penalties for doctors, but efforts to create those exceptions failed in the legislature.

In Maine, the governor's office, House and Senate are all controlled by Democrats, who support access to abortion.

Could abortion laws in NH and Maine change this year?

It appears unlikely abortion laws in either state would change, at least not in 2022.

Sununu and Democratic Maine Gov. Janet Mills both issued statements Tuesday asserting support for Roe v. Wade.

“As a pro-choice governor, I am committed to upholding Roe v. Wade, which is why I am proud of the bipartisan bill headed to my desk this year that expands access," Sununu said. "So long as I am governor, these health care services for women will remain safe and legal.”

Mills said, "I want to be very clear: unlike an apparent majority of the Supreme Court, I do not consider the rights of women to be dispensable. As long as I am governor, I will fight with everything I have to protect reproductive rights and to preserve access to reproductive health care."

In New Hampshire, Republicans hold the majority in both the House and Senate but they would need a large majority to override Sununu. However, Democrats in New Hampshire are bracing to fight bills in the House seeking to further restrict or eliminate legal abortions.

"Republicans are on a relentless pursuit to strip away our fundamental reproductive rights," said state Senate Democratic Leader Donna Soucy, D-Manchester, in a prepared statement. "This does not come as a shock following two years of blatant attacks on reproductive health care in New Hampshire. Should Roe be struck down, it will be up to the states to pass legislation protecting access to safe, affordable abortion care."

State Sen. Rebecca Perkins Kwoka, D-Portsmouth, who represents multiple Seacoast communities, has been a vocal advocate for abortion rights.

"This has been a key issue for women in the Granite State," Perkins Kwoka said. "I hear from my constituents everywhere, in parking lots, in coffee shops, thanking me for standing up for this. We are still fighting the fight of our mothers' generation, and I don't want my girls to have to keep up this fight."

More: What would an overturn of Roe v. Wade mean in New England?

Perkins Kwoka added, "Women are intelligent, and capable of making our own decisions. No one takes this decision lightly. It's not simple and there are many factors, medical, religious that go into a woman's decision. That should be respected."

Kayla Montgomery, vice president of public policy for Planned Parenthood Northern New England, said it is important to say abortion remains safe and legal in New Hampshire up to 24 weeks.

"We are committed to delivering this critical care," Montgomery said.

Nicole Clegg, Senior Vice President of Public Affairs, Planned Parenthood Maine Action Fund said “If the Supreme Court allows states to ban abortion, we do not anticipate immediate changes to abortion laws in Maine. But elections matter. If a majority of anti-abortion politicians take control of the legislature or the Blaine House, they could pass laws restricting or even banning abortion.

Maine state Rep. Michele Meyer, a Democrat who represents Eliot and parts of Kittery and South Berwick, is also a registered nurse. She noted abortion access is codified in state law.

"Legal abortion has been protected in Maine state law since 1993 when the Reproductive Privacy Act became law," she said. "If (the U.S. Supreme Court) allows states to ban abortion, many will, however the Reproductive Privacy Act ensures Maine will not be one of them."

What would overturning Roe v. Wade mean for 2022 elections in New Hampshire and Maine and for state laws in the future?

Abortion law will no doubt be a major battle line for the 2022 elections if Roe v. Wade is struck down.

"We need to be sure to elect pro-choice candidates," Perkins Kwoka said. "Abortion is still legal now unless there is further legislation at the state or national level. It will be important to look to candidates who will fight for this."

Montgomery, of Planned Parenthood, noted Sununu signed the ban on abortion following 24 weeks, despite his stance that he is pro-choice and though he has sought to ease some of the new restrictions.

"There is no exception for rape, incest or medical anomalies," she said. "We are supporting House Bill 1609, which will make exceptions for fetal anomalies and will repeal the ultrasound requirement. And the governor has said he will sign it."

Sununu is being challenged by Democratic state Sen. Tom Sherman of Rye, who is a physician.

“I have always believed we should trust women to make their own medical decisions with their doctors," Sherman said in a prepared statement Tuesday. "If Roe v. Wade is overturned then abortion rights will be left to the states, and as governor I would never sign legislation that would take away those rights. The live free or die state that I believe in does not criminalize doctors or force medically unnecessary procedures on women who are the victims of assault.”

In Maine, Mills is running for reelection and among those seeking to unseat her is Paul LePage, a Republican former governor of the state who has long opposed abortion.

'Who represents the people of Maine matters deeply," said Meyer, the local state representative from Eliot. "Under Gov. Mills and with Democratic majorities in the Maine State Legislature, we have done much to ensure and expand access to the full range of reproductive healthcare. Democrats have expanded the providers who can perform abortions to include physician assistants, nurse practitioners and nurse midwives, and enacted legislation requiring all insurance and Mainecare (Medicaid) cover the procedure. The intent of these laws is to make it easier for Maine women to find and afford abortion care in our rural state."

Meyer added, "The Republican Party has made itself abundantly clear: Should they take the Blaine House and the legislative majorities, they will roll back the progress we have made on behalf of Maine people and criminalizing abortion will be at the top of the ... platform the Maine GOP just passed."

This article originally appeared on Portsmouth Herald: NH and Maine officials said abortion would remain legal in both states