Several national antiabortion groups and their allies in Republican-led state legislatures are advancing plans to stop people in states where abortion is banned from seeking the procedure elsewhere, according to people involved in the discussions.
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The Thomas More Society, a conservative legal organization, is drafting model legislation for state lawmakers that would allow private citizens to sue anyone who helps a resident of a state that has banned abortion from terminating a pregnancy outside of that state. The draft language will borrow from the novel legal strategy behind a Texas abortion ban enacted last year in which private citizens were empowered to enforce the law through civil litigation.
The subject was much discussed at two national antiabortion conferences last weekend, with several lawmakers interested in introducing these kinds of bills in their own states.
The National Association of Christian Lawmakers, an antiabortion organization led by Republican state legislators, has begun working with the authors of the Texas abortion ban to explore model legislation that would restrict people from crossing state lines for abortions, said Texas state representative Tom Oliverson (R), the charter chair of the group’s national legislative council.
“Just because you jump across a state line doesn’t mean your home state doesn’t have jurisdiction,” said Peter Breen, vice president and senior counsel for the Thomas More Society. “It’s not a free abortion card when you drive across the state line.”
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These kinds of bills could be proposed even before state legislatures reconvene for their regular 2023 legislative sessions, said Arkansas state Sen. Jason Rapert (R). His home state, he said, may soon address this issue in an already planned special session. Another Arkansas senator, he said, has expressed interest in introducing that legislation.
“Many of us have supported legislation to stop human trafficking,” said Rapert, president of the National Association of Christian Lawmakers. “So why is there a pass on people trafficking women in order to make money off of aborting their babies?”
In a television interview over the weekend, South Dakota Gov. Kristi L. Noem (R) left the door open to restricting out-of-state abortions in her state, where a trigger ban took effect as soon as Roe was overturned. The governor, who has called a special session to discuss abortion legislation, said the topic may be debated in South Dakota in the future.
Dale Bartscher, the executive director of South Dakota Right to Life, the leading antiabortion organization in South Dakota, said he was “very interested” in stopping South Dakota residents from accessing abortion in other states.
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The idea to restrict out-of-state abortions surfaced earlier this year, when Missouri state Rep. Mary Elizabeth Coleman (R), who is special counsel at the Thomas More Society, proposed legislation that relied on the Texas-style enforcement mechanism. While Coleman’s bill failed to pass in the 2022 legislative session, Coleman said she has heard from multiple lawmakers and antiabortion advocates in other states who are eager to pursue similar legislation.
The issue is particularly pertinent in Coleman’s home state of Missouri, which outlawed abortion with a trigger ban that took effect within an hour of the Supreme Court’s decision. As many as 14,000 people are expected to flood into southern Illinois this year, including thousands of Missouri residents, according to Planned Parenthood.
