Republican states consider legal action against Maine over abortion and transgender care bill

Prosecutors from 16 Republican-led states have sent a letter to Maine Democrats, warning of a potential lawsuit if they pass a “shield” bill. The bill aims to safeguard out-of-state patients seeking abortions and gender-affirming care in Maine.

The Republican attorneys general recently wrote a letter expressing their opposition to a measure supported by abortion-rights and progressive groups, including Planned Parenthood. The letter, which was initially reported by Fox News and later shared online by state Rep. Laurel Libby, R-Auburn, came shortly after a public hearing that attracted a significant number of conservatives at the State House.

The bill in question has emerged as a result of the U.S. Supreme Court’s recent decision to terminate federal abortion rights in 2022. Interestingly, this development has prompted politicians from other states to rally against legislation within this particular jurisdiction. Consequently, the bill has become a focal point of what promises to be a significant cultural battle in Augusta this year.

Rep. Anne Perry, a Democrat from D-Calais, has introduced a bill with the intention of safeguarding out-of-state patients and healthcare providers who administer abortions and gender-affirming surgeries. The bill aims to protect them from potential prosecution or litigation in states that have imposed restrictions or bans on these procedures. If passed, individuals falling under this protection could utilize the Maine courts to file lawsuits against agencies in conservative-led states.

According to the abortion-rights Guttmacher Institute, approximately half of the states have taken steps to ban or significantly limit abortions since the Supreme Court decision to overturn Roe v. Wade. Conversely, states like Maine have moved in the opposite direction, implementing protective measures for either abortion or gender-affirming care in around a dozen states.

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The laws mentioned in the previous paragraph have not been subjected to legal challenges thus far. However, a group of attorneys general, led by Jonathan Skrmetti from Tennessee, has issued a letter that warns of a potential lawsuit. They argue that the shield law sets a precedent nationwide by allowing lawsuits of this nature, which, in turn, could undermine the federalist system of government and the authority of individual states to handle certain matters.

“The attorneys general expressed their firm belief that the suppression of dissent and the oppression of dissenters have no place in our united America.”

The letter was sent to prominent Democrats, including Mills and Attorney General Aaron Frey. The office of Frey did not provide a comment in response to the letter.

Mills has been a strong advocate for expanding abortion rights. After the overturning of Roe v. Wade in 2022, she took action by issuing an executive order that prohibited state personnel from assisting in abortion investigations in other jurisdictions. Furthermore, she has been a vocal supporter of a controversial law that enabled doctors to perform post-viability abortions, despite facing staunch opposition from Republicans.

The letter, sent by Republican officials from various states, echoes a previous one issued last year. This opposition is in response to a rule change proposed by President Joe Biden’s administration. The change aims to protect abortion records from being accessed by investigators from other states. The Republican officials argue that this change would impede their ability to effectively enforce their own laws.

“Maine must join the expanding movement and reaffirm its dedication to essential health care, especially given the current national climate,” asserted Lisa Margulies, a vice president for public affairs at Planned Parenthood of Northern New England. Margulies expressed her support for the Maine bill during her testimony last week, emphasizing the need to protect healthcare providers in the state.”

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