Bill in Pa. House would block pursuit of violators of out-of-state anti-abortion laws
Nov. 14—HARRISBURG — A bill that would prohibit courts across the commonwealth from cooperating with other states seeking to enforce their anti-abortion laws advanced out of a Pennsylvania House committee on Monday.
A party-line vote by members of the House Judiciary Committee moved House Bill 1786 closer to a potential floor vote in the lower chamber. The committee's 14 Democrats voted in favor and its 11 Republicans were opposed.
Should the bill advance out of the Democratic-controlled House, its prospects for doing the same in the Republican-controlled Senate are unlikely.
The bill's supporters in the House argued that the measure is necessary to protect vulnerable expectant mothers who leave their home states where abortion access is restricted to seek reproductive health care in Pennsylvania where abortion remains legal up to 24 weeks.
"We need to guarantee that they will be safe in our commonwealth. We need to protect reproductive health care providers in Pa. so they can focus on health care and not worry about an out-of-state court case," said Rep. Melissa Shusterman, D-Chester, who co-sponsored the bill with Rep. Mary Jo Daley, D-Montgomery.
Rep. Emily Kinkead, D-Allegheny, called the proposal a fundamental protection of states' rights, while Rep. Christopher Rabb, D-Philadelphia, likened it to a continuation of kindness and bravery shown by Pennsylvanians who helped slaves escape their masters along the Underground Railroad.
Opponents to the House proposal said the bill risks stripping victims of botched reproductive care, or a crime committed during the course of that care, from seeking legal remedy.
And, there were questions as to whether it would violate the U.S. Constitution's Full Faith and Credit Clause — that states respect laws and court judgments from other states.
"I can't imagine a law more broad or poorly written for any means but also subverts the Full Faith and Credit which every state deserves from another," Rep. Paul Schemel, R-Franklin, said.
Rep. Kate Klunk, R-York, said some people living near Maryland leave Pennsylvania to seek health care out of state and that in the case of reproductive care, a doctor living in Pennsylvania but practicing over that border in Maryland would be shielded from a lawsuit if a hysterectomy or vasectomy went bad.
"If a physician in another state commits an act of malpractice, even in an abortion, and that physician moves to Pennsylvania, the individual who has been affected by malpractice in another state is going to be significantly limited in their ability to obtain justice, if not altogether prohibited," Rep. Tim Bonner, R-Mercer/Butler, said in backing Klunk's comments.
The U.S. Department of Justice filed a statement of interest last week in a consolidated lawsuit in Alabama, one of 14 states where a total abortion ban was enacted after the U.S. Supreme Court overturned Roe v. Wade in 2022.
Alabama's attorney general threatened prosecution under criminal conspiracy laws against anyone aiding another person in seeking abortion out of state. The Justice Department says the U.S. Constitution protects interstate travel to engage in lawful conduct, such as undergoing an abortion in a state like Pennsylvania where it's legal.
Idaho, where abortion is banned, is the first state to adopt a law barring interstate travel for abortions, though it applies specifically to aiding minors. Though there are currently no similar laws enacted in other states, Texas opened the way for municipalities to enact restrictions through ordinances.
The Associated Press reports that four counties have adopted ordinances that could cause someone to be sued in court for helping someone travel out of state for an abortion.
