March 20, 2023
“The emphasis must be not on the right to abortion but on the right to privacy and reproductive control.”
– Associate Justice Ruth Bader Ginsburg
Dear Friend,
Though the Supreme Court, through its decision in Dobbs v. Jackson Whole Women’s Health, removed the egis of constitutional protection for the right to choose, we here in Maryland have taken several significant steps to protect access to reproductive health care. We codified the protections of Roe v. Wade into statute nearly two decades ago, and this legislative session we passed a constitutional amendment to enshrine those rights into the Maryland Constitution. We have also moved to require all four-year public schools of higher education to provide 24/7 access to reproductive services.
And just last week my bill, Senate Bill 859, which seeks to protect patients and providers from the criminal, civil, and administrative consequences of other states for the simple act of providing reproductive health care here in Maryland, passed the Maryland Senate.
Specifically, my bill does the following:
- Summons & Subpoenas: Maryland courts may not issue out-of-state subpoenas or summonses for cases involving legally protected health care.
- Foreign Judgments: Maryland will not honor a foreign judgment if it arises from a claim related to legally protected health care.
- Extradition: The Governor SHALL NOT honor another state’s extradition request for someone who committed an act in Maryland, or a third state, if it relates to legally protected health care and would not be a crime in Maryland.
- Interstate Investigations: No state funds, personnel, property, or other resources may be used to further an interstate investigation or proceeding seeking to impose civil, criminal, or administrative liability related to legally protected health care.
- Provider Licenses: Health Occupation Boards cannot take adverse actions against a provider because of the provision of, or disciplinary action related to, otherwise lawful legally protected health care.
- Malpractice Insurance: Insurance providers cannot raise premiums or refuse to renew insurance against a provider because of the provision of, or disciplinary action related to, otherwise lawful legally protected health care.
The danger of losing access to reproductive health care is no longer an academic or theoretical threat. Since the Supreme Court’s decision in Dobbs fourteen states have either fully or nearly banned abortion. Another ten are expected to do so before the end of the year and well over 300 abortion-related bills have already been filed in state legislatures across the county (the majority of which are anti-abortion). Some examples include:
- Wyoming: Providers face up to 14 years in prison for performing an abortion.
- Nebraska: Providers could be stripped of their license to practice for performing abortion after fetal heartbeat has been detected and be found guilty of a felony.
- Iowa: Providers could face up to 10 years in prison for prescribing abortion pills.
- Idaho: Could makes the act of transporting a minor to obtain an abortion the crime of human trafficking.
- Alabama: The Attorney General announced women would who received abortion pills could face criminal charges.
- Kentucky: The act of performing an abortion could be treated as a homicide.
The Dobbs case has thrust us into an uncertain legal landscape, the consequences of which have deterred providers across the country from providing abortion care. This not only includes cases in which abortion is necessary to save a woman’s life, but also pregnancy care. This is why we must act to protect Maryland providers and Maryland patients.
Know that as long as I have the pleasure of serving you in the Maryland Senate that I will always fight to protect access to reproductive health care.
All the best,
 Will Smith State Senator Chairman, Judicial Proceedings Committee |