New York Gov. Andrew Cuomo signed a bill on January 22 that will protect abortion access even if the Supreme Court overturns Roe v. Wade -- a very salient threat with Justice Brett Kavanaugh now on the court. Anti-abortion advocates and right-wing media immediately responded by framing the law as a “barbaric” action by Cuomo and the New York legislature.
The new law, called the Reproductive Health Act, changed a pre-Roe state law criminalizing abortions that was still on the books in New York. As Mother Jones’ Rosa Furneaux explained, abortions after 24 weeks were formerly criminalized because “the law made self-induced abortions a misdemeanor crime, and made providing one a felony punishable by up to seven years in prison.” According to Furneaux, “The threat of a more conservative Supreme Court has brought new energy to repealing archaic pre-Roe laws nationwide (just as it has given pro-lifers more hope for overturning Roe).”
If Roe is overturned, the new law will mitigate the impact in New York and also expand abortion rights in a few other ways. For example, it:
- “Permits abortions after 24 weeks when the fetus is not viable or a woman’s health is at risk” and empowers doctors to make the decision about “when a woman's health is at risk.”
- “Removes abortion from the state’s criminal code” in order to “protect doctors or medical professionals who perform abortions from criminal prosecution.”
- “Allows medical professionals who are not doctors to perform abortions in New York.”
Right-wing media and anti-abortion activists have focused much of their outrage on the portion of the law allowing abortions after 24 weeks for nonviable pregnancies or if the pregnant person’s health is at risk. The reality is that abortions that happen later in a pregnancy are extremely rare (slightly more than 1 percent take place past the 21-week mark), and are performed in response to complicated personal and medical reasons. As The Cut’s Sarah Jones explained, prior to the New York law’s passage, people “who needed later-term abortions to end nonviable pregnancies were forced to travel far outside the state — a financial and psychological burden.” The impact of these barriers cannot be understated. Writing for Jezebel, Jia Tolentino interviewed one New York woman about the excruciating experience of having to travel out of state for a medically necessary later abortion because of New York’s previous law. In The New Yorker, Tolentino recounted the woman’s ordeal: “Her baseline experience of pregnancy had been punishing to begin with, and New York law had made it much worse.”
Despite the personal nature of these decisions, right-wing media often portray later abortions as part of a supposedly extreme Democratic agenda which allegedly encourages abortions up to the day of birth. Right-wing media and anti-abortion advocates have continued to use this extreme and inaccurate language to stir outrage over New York’s law.
Right-wing and anti-abortion media pushed the narrative that the law allowed abortions up to birth alongside other bizarre and extreme claims
- The Daily Wire reported on the law with the headline:
- A CBN News article proclaimed:
- On Fox News’ The Ingraham Angle, host Laura Ingraham asked her guest to explain how the law wasn’t “Hitlerian” when, in her opinion, it would allow a baby to “be killed” when it “could be born.” She also repeated this talking point on her podcast.
- On One America News Network’s (OANN) Tipping Point with Liz Wheeler, host Liz Wheeler said that, with this law, “a baby that is fully formed … can be brutally murdered inside the womb for any reason that the woman chooses just days before birth.”
- The Washington Times posted an article with the headline:
- The Washington Examiner published an article with the headline:
- After Cuomo signed the bill into law, One World Trade Center’s spire was lit up pink in celebration. In response, LifeSiteNews circulated a petition calling for Cuomo to apologize for “celebrating abortion by lighting up One World Trade Center,” and urging him to revoke his signature from the bill.
- Janet Morano, executive director of the anti-abortion group Priests for Life, wrote for LifeSiteNews:
In New York City, thousands more babies of African-American mothers are aborted than born, and the abortion rate among these moms is three times higher than it is for white mothers. Seeing an African-American woman smiling behind Andrew Cuomo as he signed the bill into law was so incongruous. How could she smile, knowing that even more black children will die?
Live Action News lamented, “The new law also allows non-physicians to commit non-surgical abortions and moves the abortion law from the state’s penal code to its health code – which removes any threat of the prosecution of abortionists.”
LifeNews.com alleged that the law will not allow restrictions on abortion “even for common-sense reasons such as parental consent for minors, informed consent or limits on taxpayer-funded abortions.” The website also circulated a petition calling for Cuomo’s excommunication from the Roman Catholic Church:
- In an interview with anti-abortion activist Lila Rose on Breitbart News Tonight, host Rebecca Mansour commented that some anti-choice advocates felt “that the law itself could basically make being pro-life illegal because this law has -- calls abortion ‘a fundamental right.’” Mansour likely confused the Reproductive Health Act with a separate call from Cuomo for a constitutional amendment to protect abortion rights, although neither would “make being pro-life illegal.” Later in the segment, Rose inaccurately alleged that, with the passage of the Reproductive Health Act, “doing harm is a part of being a doctor in New York,” and called the law “a cash cow for willing abortionists” because of the cost of later abortions.
- On January 25, Fox & Friends aired a bizarre segment in which Jenna Ellis, the director of public policy at the James Dobson Family Institute, attempted to make a connection between Democratic support for undocumented immigrants and the expansion of abortion rights. Ellis told co-host Steve Doocy that “the progressive left is all about wanting to take down American values and the family,” and claimed that Democrats “want to buy votes” in the form of giving governmental assistance to undocumented immigrants so that they “can continue the abortion agenda.” Fox News ran this chyron during the segment:
On social media, anti-abortion advocates and right-wing media figures used extreme language to describe the law, and attacked the decision to light up One World Trade Center’s spire after its passage
- On Matt Walsh’s Daily Wire show, he called the law “an act of unspeakable, unconscionable barbarism” and inaccurately claimed that the law allows you to “kill your child … even a minute before delivery.” He expressed similar sentiments on Twitter:
- Ohio Republican state Rep.Christina Hagan, who sponsored the state’s version of a so-called “heartbeat bill” that would ban abortions at six weeks, tweeted:
- BlazeTV’s Allie Beth Stuckey:
- Anti-abortion group Human Coalition’s public relations manager Lauren Enriquez:
- Students for Life of America President Kristan Hawkins:
- Fox News host Laura Ingraham:
- First Things magazine’s Matthew Schmitz:
- National Right to Life Committee President Carol Tobias:
- Anti-abortion group Radiance Foundation’s co-founder Ryan Bomberger:
- OANN host Liz Wheeler:
- Conservative organization Concerned Women for America tweeted:
CBS News also briefly adopted right-wing media rhetoric in a since-changed headline about the law
- CBS News ran a story about this law with the headline incorrectly characterizing it as “allowing abortions up until baby’s due date if mother’s health is at risk.”