Newsom Signs Law Giving Out-of-State Abortion Providers a Grave New Power
California’s Democratic Gov. Gavin Newsom has signed a bill into law that allows abortionists from Arizona to cross into California to perform abortions.
The bill signing was not widely publicized and there was no signing ceremony, accordingand was characterized as a “quiet” event by Politico, but on Thursday, the Democrat signed Senate Bill 233 into law that went into effect immediately.
The path of the bill was quick. It was only just introduced a month ago and sailed through the Democratic-controlled legislature.
The California Democrats were responding to what is being enacted outside their jurisdiction in an effort to partially thwart the law in neighboring Arizona where the legislature there has rules in place that put heavy restrictions on abortion.
In 2022, Arizona instituted a near-total ban on abortion after the 15th week. The Arizona law bans all abortions unless the procedure is needed to save the life of the mother. It carries a prison term of up to five years for any doctor or health care provider who performs an abortion outside the law.
At the beginning of May, the Arizona legislature did repeal a law banning abortion — except to save the mother’s life — that was passed in 1864, when the state was still only a territory. Before it was repealed, the law was upheld by the state’s Supreme Court in April.
However, the Supreme Court gave the state 90 days before allowing the 1864 law to go into effect.
Its repeal won’t take effect until 90 days after the end of the current legislative session, which will occur in July. That means there will be only a short window, at most, for the 1864 law to be active. When its repeal takes effect, Arizona will return to its former restriction of banning abortion after the 15th week, according to The Hill.
Newsom railed against the situation in Arizona, nonetheless.
“Arizona Republicans tried to turn back the clock to 1864 to impose a near-total abortion ban across their state,” Newsom said in a statement, Politico reported. “We refuse to stand by and acquiesce to their oppressive and dangerous attacks on women.”
“I’m grateful for the California Legislative Women’s Caucus and all our partners for moving quickly to provide this backstop. California stands ready to protect reproductive freedom,” Newsoom added.
On his government website, Newsom pointed out that California was acting quite directly to thwart Arizona’s law, saying, “given the uncertainty and confusion the Arizona Supreme Court’s decision has caused, California jumped in to assure Arizonans that they will continue to be able to access the reproductive health care they need and deserve if the 1864 ban goes into effect.”
Democrat State Sen. Nancy Skinner also noted that the California law is aimed to provide Arizonans with a way to get around their own state laws.
“With Governor Newsom’s signature on SB 233, our Arizona sisters can come to California to get the health care they need from their own doctors, who they know and rely on. And their Arizona doctors can come to California without fear of spending 2 to 5 years in prison — the penalty under Arizona’s 1864 law. Once again California has made it crystal clear for all those who need or deliver essential reproductive care: We’ve got your back,” Sen. Skinner wrote.
The California law will give Arizona healthcare providers the right to perform abortion and abortion-related procedures in the state of California up through Nov. of this year.
According to Newsom’s website, Arizona doctors must provide their licensing information to California clinics to perform abortions in California.
“SB 233 will temporarily allow licensed Arizona doctors in good standing to provide abortion and abortion-related care to Arizona patients traveling to California through November 30, 2024. The Arizona doctors would be under the oversight of California’s Medical Board and Osteopathic Medical Board and would be required to first provide registration information to those boards before providing abortion care in California. The bill contains an urgency clause and takes effect immediately,” the website explains.
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