Not an Anniversary to Celebrate

by Gretchen Borchelt, Senior Counsel
National Women’s Law Center

This week marks one year since the Supreme Court decided Gonzales v. Carhart the case upholding a federal ban on a medically-approved abortion procedure that does not contain protections for women’s health. What has happened in the year since the case was decided? 

The most direct impact of Gonzales v. Carhart is the attempt to pass copycat state bans. From our friends at the Guttmacher Institute we know that 23 bills have been introduced in 11 states so far. I’ve blogged about the ones that seem to be moving, including one that was vetoed by Arizona Governor Janet Napolitano. These bans, like the federal ban, fail to include an exception for women’s health. And they make it possible for the state to aggressively prosecute violations, with stricter jail terms for doctors in many versions. 

Even more troubling, states accepted the Court’s invitation to give women information that will discourage them from having an abortion. Most prominent so far in the current legislative session are bills focused on ultrasounds – 16 measures have been introduced in 11 states. Measures in eight states would require women seeking abortions to undergo an ultrasound even if not medically necessary. In some of these states, the woman would be forced to view the image, although two bills allow the woman to avert her eyes if she doesn’t want to see it (gee, thanks!). Like Carhart, in which the Supreme Court said banning a procedure necessary for women’s health was actually for women’s own good, mandatory ultrasound bills purport to benefit women but are really about distrusting women and undermining women’s decision-making power. As our friends at Feministing said, "Because obviously women who have made the decision to end a pregnancy won't understand the 'truth' unless it's put up on an easy-viewing screen."

So here we are, one year later. It’s clear that Gonzales v. Carhart set the stage for new attempts to chip away at women’s ability to control their reproductive lives. This is not an anniversary to celebrate.