The Reproductive Health Act guarantees a woman’s right to abortion in the first 24 weeks of a pregnancy or when the fetus is not viable, and permits it afterward only when a woman’s life or health is threatened or at risk. Contrary to what its detractors claim, the Reproductive Health Act does not allow abortions minutes before birth, nor does it allow third-trimester abortions “for any reason.” Third-trimester procedures are extremely rare, making up only about 1 percent of all abortions. The option is available for exactly the reason stated in Roe and successor cases: to protect the life or health of the woman.
Although New York was a trailblazer in protecting a woman’s right to choose, we did not update our laws after Roe to conform with the right established by the Supreme Court, particularly regarding a woman’s right to make decisions to protect her health. And in an increasingly fractious political environment, there has been continual anxiety that the court will overrule the Roe precedent.
These fears increased with the confirmation of two extreme-right justices who had voiced opposition to the precedent set in Roe, Neil Gorsuch and Brett Kavanaugh. Most observers of the Supreme Court believe the question is not if Roe will be overturned, but when.
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