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  • AMNA NAWAZ: With new conservative additions to the U.S. Supreme Court, more and more states

  • are passing laws meant to test the limits of Roe vs. Wade.

  • The latest, Alabama, where last night the state Senate passed the most restrictive abortion

  • bill in the country.

  • Inside the Alabama Senate chamber, four hours of heated debate.

  • CLYDE CHAMBLISS (R), Alabama State Senator: When that unborn child becomes a person, and

  • we need legal guidance on when that is.

  • VIVIAN DAVIS FIGURES (D), Alabama State Senator: But that's not your business.

  • You don't have to do anything for that child, but yet you want to make the decision for

  • that woman that that's what she has to do.

  • CLYDE CHAMBLISS: I want to make the decision for that child.

  • AMNA NAWAZ: Outside the Statehouse, dozens of protesters.

  • PROTESTER: When repro rights are under attack, what do we do?

  • PROTESTERS: Stand up, fight back.

  • AMNA NAWAZ: All of it culminating with an overwhelming yes vote.

  • MAN: House Bill 314 passes.

  • AMNA NAWAZ: And the nation's most-restrictive abortion bill.

  • Alabama's HB-314 would ban almost every abortion at every stage of pregnancy.

  • It would make it a felony for doctors to perform abortions.

  • They could face up to 99 years in prison.

  • The bill has no exceptions for cases of rape or incest, only when the mother's health is

  • at risk.

  • Alabama's bill is the latest attempt to limit abortion access in the seven months since

  • Justice Brett Kavanaugh joined the Supreme Court.

  • Since office October, 10 states have passed some form of restriction that range from fetal

  • heartbeat bills banning abortion after six weeks, to requiring that fetal tissue be buried

  • or cremated.

  • Alabama's Republican Governor Kay Ivey says she wants to review the bill before deciding

  • its fate, but the bill's advocates expect her to sign it.

  • The new law is scheduled to go into effect in six months, but will almost certainly be

  • blocked by the courts before then.

  • All this puts Alabama on potential path to Supreme Court and the landmark Roe vs. Wade

  • decision that legalized abortion nationwide more than 45 years ago.

  • Now we take a look two states' efforts, Alabama and Vermont, to enact new and opposing abortion

  • laws.

  • I'm joined by Brian Lyman, a political reporter at The Montgomery Advertiser.

  • He's in Montgomery, Alabama.

  • Anne Galloway, editor of the VTDigger, joins us from Burlington, and, via Skype, Mary Ziegler.

  • She's a law professor at Florida State University and author of several books on abortion and

  • politics, including "After Roe: The Lost History of the Abortion Debate."

  • Welcome to all of you.

  • And thank you for being here.

  • Brian, let's start with you, where we left off in the piece, in Alabama, the most restrictive

  • abortion ban in the country.

  • From your reporting, what do we know about why that bill was crafted the way that it

  • was?

  • BRIAN LYMAN, The Montgomery Advertiser: There is only within reason this bill was written

  • the way it was.

  • The supporters say they are trying to mount a direct challenge to Roe v. Wade.

  • They believe that this law will create a legal challenge that they will probably lose in

  • the lower courts, but they think they can appeal this all the way to the U.S. Supreme

  • Court, and they think with the current makeup of the Supreme Court, they think they can

  • get Roe overturned.

  • AMNA NAWAZ: Mary Ziegler, give us a little bit of context here.

  • Alabama is not alone in passing some of these restrictions.

  • A number of states have been making efforts over a number of years.

  • Give us the landscape.

  • What kinds of bills and restrictions have been making their way through state legislatures?

  • MARY ZIEGLER, Florida State University College of Law: Sure.

  • So I think this is more of a long shot, if you're looking at what the court is actually

  • likely to do.

  • We have seen so-called heartbeat bills, including one recently passed in Georgia, all of which

  • ban abortion at roughly the sixth week of pregnancy.

  • And we have also seen more kind of incremental legislation that tends to focus on later abortions,

  • including laws that ban abortion at 20 weeks on the grounds of fetal pain prevention.

  • We have seen laws banning violation and evacuation, which is the most common second trimester

  • procedure.

  • And the Supreme Court even has a couple of cases before it right now that it could choose

  • to hear, if it was so inclined, including a law that was passed in Indiana when Mike

  • Pence was the governor.

  • AMNA NAWAZ: And I want to be clear about this, Mary Ziegler.

  • A number of these incredibly restrictive bills that have been pushed more recently, are any

  • of them actually in place?

  • Are they implemented on the ground?

  • MARY ZIEGLER: No, all of them have either been blocked by a court or haven't gone into

  • effect.

  • And we wouldn't expect any of them to go into effect or not be challenged in a court.

  • So we're really not talking about any of these laws being enforced in the near or mid-future.

  • AMNA NAWAZ: Anne Galloway, let's talk about Vermont now.

  • We have talked a lot about the abortion restrictions that have been going into place.

  • It's activity on the other end of the spectrum in Vermont.

  • There's two legislative efforts on the table.

  • Tell us what they do and how they would change current abortion law in Vermont.

  • ANNE GALLOWAY, Editor, VTDigger: Yes.

  • Right now, Vermont law is silent on abortion.

  • There are no restrictions or permissions in place.

  • Lawmakers have proposed legislation that passed overwhelmingly in both the House and Senate,

  • and that Republican Governor Phil Scott is poised to sign.

  • This state statute would give blanket protection for abortion access across the state.

  • At the same time, lawmakers have put forward a constitutional amendment that over the long

  • term would provide more permanent protection for the woman's right to choose.

  • AMNA NAWAZ: So, there's both a state law and a constitutional amendment effort under way.

  • Why both?

  • ANNE GALLOWAY: Well, that's because lawmakers are very nervous about the conservative majority

  • on the U.S. Supreme Court, and the potential for the overturning of Roe vs. Wade.

  • And they really are developing contingency plans should that happen, and they're really

  • belt-and-suspender-ing it here.

  • The state statute gives some temporary protection.

  • They're worried about a conservative governor down the road who might put rulemaking in

  • place that could gut funding for abortions in Vermont or that could restrict abortions

  • through insurance plans and that kind of thing.

  • So, long term, they feel that a constitutional amendment is the best way to ensure that women

  • are able to access abortions in the future.

  • AMNA NAWAZ: Mary Ziegler, we hear a lot about the restrictions that are being put into place.

  • Is Vermont alone in these kinds of efforts?

  • Are there other states that have been pushing through, trying to enshrine protections for

  • abortion rights?

  • MARY ZIEGLER: Yes.

  • New York, obviously, is probably the best known, because its Reproductive Health Act

  • attracted so much controversy.

  • There 10 other states that already have protections for abortion rights on their statute books

  • or in their state constitutions.

  • Other state courts are introducing protections.

  • For example, the Kansas Supreme Court recently issued a decision strongly protecting abortion

  • in that state's constitution.

  • And there are other states that are considering measures now, including New Mexico.

  • So we probably haven't seen the end of efforts like the ones in Vermont to kind of create

  • a world in which abortion is protected in some states after Roe is gone.

  • AMNA NAWAZ: So, Brian, back in Alabama, I want to be clear about this, though.

  • The Republican legislators who voted for this did not include any exception for rape or

  • incest in this.

  • So they did that only with the assumption that this law would never actually go into

  • place.

  • Is that right?

  • BRIAN LYMAN: The supporters of the bill are arguing this is purely a legal challenge to

  • Roe vs. Wade.

  • And they have kind of tried to hedge the effects of this bill by arguing that, if Roe were

  • overturned, the state could come back and do its own abortion law which could include

  • these exceptions for rape and incest.

  • The problem is, is that there are two -- well, there are two problems.

  • One is that Alabama last fall approved a constitutional amendment that said there was no right to

  • an abortion in the Alabama constitution, which seems like it would make it more difficult

  • to address these exceptions in a post-Roe world.

  • The other -- the other issue here is that this legislature overwhelmingly voted to keep

  • those rape and incest exceptions out of the bill.

  • And these were not close votes.

  • So it's very hard to see how this current legislature, at the very least, would want

  • to take up this issue again, after voting so overwhelmingly to not include exceptions

  • for sexual assault in this bill.

  • AMNA NAWAZ: And, very quickly, I wanted to ask you.

  • We hear a lot about the -- and we saw a lot of the protesters right outside of the Alabama

  • Statehouse, the pushback against the restrictions.

  • Has there been any pushback in Vermont against the effort to protect abortion rights there?

  • ANNE GALLOWAY: Yes, there has been pushback from the Vermont Right to Life Committee and

  • from Bishop Christopher Coyne, the head of the Catholic Church here in Vermont.

  • But lawmakers overwhelmingly passed the abortion rights legislation that I mentioned earlier.

  • And there were Republicans and Democrats alike who backed it.

  • And, in point of fact, 70 percent of Vermonters in a recent Pew Research poll said that they

  • support a woman's right to choose.

  • So there is broad-level support here.

  • It's not a politically polarizing issue, as it is in other states.

  • AMNA NAWAZ: Mary Ziegler, this is the million-dollar question now.

  • Of course, all these restrictive efforts that have been going into place, is this a question

  • of if or when one of these will get before the Supreme Court?

  • MARY ZIEGLER: I think it's a question of when the Supreme Court will reconsider Roe v. Wade.

  • I don't think it's anything like a sure thing that the Supreme Court will ever consider

  • one of these extreme laws.

  • I think it's telling that you had figures like Pat Robertson coming out and saying,

  • this is too far, and the Supreme Court won't like this kind of law.

  • We know that Chief Justice Roberts is deeply concerned about the reputation of the court

  • and about optics, about keeping the court above the political fray, or at least appearing

  • to do so.

  • We know that Brett Kavanaugh, during his confirmation hearings, talked a lot about respect for precedent.

  • And it would require the court to really undo decades of precedent in one decision, with

  • really very little advanced warning that that was going to happen.

  • And that seems to be kind of a long shot.

  • I think we're much more likely to see the court unravel Roe more slowly by upholding

  • kind of a series of more incremental restrictions and offering some hints that Roe is not long

  • for this world, and then getting rid of Roe entirely several years down the road, so more

  • kind of like a death of 1,000 cuts than something sudden, which is what Alabama lawmakers seem

  • to have in mind.

  • AMNA NAWAZ: And is there a sense of a timeline of when that could happen?

  • MARY ZIEGLER: We don't really know.

  • I mean, it could start soon, or the court might want to stay out of abortion altogether

  • for a few years.

  • I mean, I would guess in the next five years, but it's really unpredictable.

  • It's possible that the court could even uphold a law like the Alabama law.

  • I wouldn't put money on it, but it's not out of the question.

  • I think we're looking more, though, at a series of judicial decisions over a number of years,

  • not something that would happen in the next 12 months.

  • AMNA NAWAZ: Mary Ziegler of Florida State University, Anne Galloway from Vermont's VTDigger,

  • and Brian Lyman from Alabama's Montgomery Advertiser, thanks to all of you for being

  • here.

  • MARY ZIEGLER: Thanks for having us.

  • ANNE GALLOWAY: Thank you.

  • BRIAN LYMAN: Thank you.

  • AMNA NAWAZ: And an update on this story.

  • Just moments ago, Alabama Governor Kay Ivey signed that abortion bill into law.

AMNA NAWAZ: With new conservative additions to the U.S. Supreme Court, more and more states

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