As I write this letter, it is only hours after Brett Kavanaugh has been sworn in as an associate justice of the Supreme Court.
From a policy standpoint, this should worry all New Yorkers, as it means that Roe v. Wade is likely to be partially or completely overturned in the coming months.
This is the culmination of decades of relentless efforts by right-wing groups, such as the Federalist Society, to strike abortion as a universal legal right in the United States.
One New Yorker I know isn’t concerned, however, is Republican Sen. Elaine Phillips, who is running for re-election in the 7th Senate District.
Phillips has actively refused to support the Reproductive Health Act, a bill that would codify Roe v. Wade on the state level and insulate New York from any action the Supreme Court might take on this issue.
She has tried to deflect criticism by falsely claiming that the RHA is an extreme bill that “goes too far.” For the record, here are the three main changes to state code the RHA would accomplish if passed.
1) Abortion is currently regulated under the state’s criminal code. The RHA would shift regulations to the state’s public-health code.
2) Current state law allows for an abortion to be performed after 24 weeks if necessary to save a woman’s life. The RHA would formalize two other exceptions already recognized under Roe v. Wade: a non-viable fetus and the preservation of a woman’s health.
(Opponents of the RHA have falsely claimed that this provision of the bill would lead to women frivolously choosing to receive abortions late in their pregnancy. Such a claim is naked fearmongering with no basis in reality.)
3) Current state law only allows a medical doctor to provide abortion services. The RHA would allow other qualified healthcare professionals, such as nurse practitioners and physician assistants, to provide these services.
(Opponents of the RHA have falsely claimed that this provision would allow non-doctors to perform surgery on patients. In actuality, it would allow these qualified healthcare professionals to offer non-surgical abortion services.)
For those interested in taking a deeper dive into the purpose and necessity of the RHA, activist group #GetOrganizedBK has a detailed breakdown, complete with citations, available online at www.wharr.com/reproductive-health-act-about.
The text of the bill (S2796) is also available on the State Senate’s official website at www.nysenate.gov/issues/reproductive-health-act.
To reiterate, none of the changes described above would give New Yorkers any new rights; they would merely preserve the rights they currently have under Roe v. Wade in advance of any potential overturn or narrowing of that decision by the Supreme Court’s new hard-right majority.
When Phillips says that the RHA is extreme and “goes too far,” she is explicitly stating that the Supreme Court was extreme and went too far in 1973 when it handed down Roe v. Wade.
She is also explicitly condoning the restriction of abortion access and the criminal prosecution of women who choose to abort a pregnancy after 24 weeks because of a non-viable fetus or a serious threat to their health.
For those who believe that abortion should be severely restricted or outlawed, I’m sure these facts make you more likely to support Phillips. However, for those who were under the impression that Phillips was a moderate who would never challenge a woman’s right to choose, I hope you will re-evaluate your opinion of her.
Remember that Phillips’ Democratic opponent, Anna Kaplan, has expressed her unconditional support for the RHA and pledged to vote in favor of it. If Kaplan is elected and the Democrats take the majority in the State Senate, the RHA will be passed in short order and the rights of New Yorkers will be preserved.
However, if Phillips retains her seat and the GOP retains a majority in the State Senate, the RHA will sit on the shelf for another two years, more than enough time for the Supreme Court to dismantle Roe v. Wade.
Make no mistake; Phillips cannot be coaxed or pressured into changing her mind on this issue. Local representatives from Planned Parenthood and other members of the community have met with Phillips in good faith on this issue to no avail.
The good news is, with Election Day right around the corner, this critical decision is no longer in Phillips’ hands. It is in the hands of each and every voter in the 7th District.
Do the right thing on Nov. 6. Vote for Anna Kaplan, and send Elaine Phillips and her extremist agenda packing.
Matthew Zeidman
New Hyde Park
