FOLLOW US

Legal Industry January 12, 2021 4 mins read

Gov. Cuomo faces lawsuit over New York’s controversial abortion law

Legal Industry ı By Marivic Cabural Summers

0 Comments

Gov. Cuomo Fighting for Reproductive Rights

New York Governor Andrew Cuomo is facing a class-action lawsuit filed by domestic violence victims who are questioning the constitutionality of the state abortion law, officially known as the Reproductive Health Act (RHA).

In January 2019, Gov. Cuomo signed into law the RHA, which codified the Supreme Court’s decision on Roe v. Wade into New York State law. In other words, under the law. all abortions up to 24 weeks of gestation are legal. Abortion is also legal beyond 24 weeks if a woman's health or life is at risk. or if the fetus is not viable.

The class-action lawsuit was filed by the Women's Alliance Against Violence, an initiative formed to challenge the RHA and other laws that violated the rights of women, children, including the viable unborn fetus.

A team of lawyers including Christen E. Civiletto is representing the Women's Alliance Against Violence in their complaint against Gov. Cuomo.

In the lawsuit, the plaintiffs alleged that the controversial abortion law introduced a number of changes to New York law. The plaintiffs argued that the changes harm children and incentivize domestic and intimate partner violence against pregnant women.

RHA changed the definition of “person” under New York criminal law. The state is now excluding all unborn children, including viable unborn children or fetuses capable of surviving outside the womb, with or without medical intervention – from the legal definition of “persons.”  The plaintiffs argued that unborn children can also become victims of homicide.

New York's abortion law allegedly "incentivizes deadly violence against women"

In a statement, Atty. Civiletto said, “This new definition is devastating because a criminal assailant can no longer be separately charged for the death of an unborn child, the RHA escalates the threat of harm to women and unborn children and incentivizes deadly violence against women.”

Shed added, “New York has stripped women and their families of their ability to pursue justice for those deaths. That’s outrageous. In fact, it is contrary to the stated policy of the RHA itself: to affirm the “fundamental right [of women] to choose to carry the pregnancy to term, to give birth to a child.”

On the other hand, Teresa S. Collett, a pro-life lawyer, and professor at St. Thomas University Law School commented:

“The RHA represents a willful and tragic exaggeration of abortion rights. The new law converted a woman’s liberty interest in terminating her pre-viable pregnancy into a novel right to kill near-term unborn children and inexplicably extended this right to criminal assailants The RHA unconstitutionally authorizes the killing of near-term children in utero based on a ‘right’ that finds no warrant in Roe v. Wade.”

“People believe that women’s reproductive rights and the recognition of rights for near-term children are mutually exclusive. They are not,” Collett added.

The plaintiffs are requesting the court to acknowledge First Amendment rights for women whose unborn children are killed by assailants and to clarify dangerous ambiguities in the RHA that affect women. They are also requesting the court to affirm existing, but previously unrecognized rights for near-term unborn children and children who survive abortion.

Civiletto pointed out that “viable unborn children are the last remaining category of human beings denied human rights. It’s time to change that.

In addition to Gov. Cuomo, plaintiffs also named New York Attorney General Letitia James, Commissioner of Health Howard Zucker, and other state officials.

Have a story you want USA Herald to cover? Submit a tip here and if we think it’s newsworthy, we’ll follow up on it.

Want to contribute a story? We also accept article submissions – check out our writer’s guidelines here.

Previous Article

New York Economy Reopening As Trump Leaves Office

Read More
2032 Posts

Marivic Cabural Summers

Marivic has been a freelance writer/journalist for nearly 20 years. She strictly adheres to the ethical standards in journalism. For her, integrity is everything. Readers deserve to know that real story. She previously worked as research analyst and editor at Lombardi Financial and has written for various websites including The Motley Fool, ValueWalk, IcannWiki and was a news writer/radio program producer at Nation Broadcasting Corporation. Marivic holds a BA in Mass Communications.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America November 10, 2026 U.S. Soldier Arrested in U.K. in Russia Spy Investigation By – Michallie K Harrison
America November 10, 2026 Oil Giants Earn $25 Billion as Drivers Pay More By – Michallie K Harrison
America November 10, 2026 Colts agree to trade WR Josh Downs to Chiefs By – Rachel Moore
America November 10, 2026
Senior US Soldier Arrested by UK…

A senior member of the U.S. Army has been arrested…

By – Tyler Brooks
America November 10, 2026
Vitamin K Deficiency Bleeding: Why the…

A single injection administered in the first hours of life…

By – Tyler Brooks
America November 10, 2026
Texas Man Charged With Murder in…

A cruise vacation took a horrifying turn when a woman…

By – Tyler Brooks
America November 10, 2026
Pete Hegseth faces impending House impeachment…

U.S. Defense Secretary Pete Hegseth faces a potentially historic political…

By – Tyler Brooks
America November 10, 2026
Hulu Revisits California’s Speed Freak Killers…

Hulu is taking viewers back into one of California’s most…

By – Jackie Allen
America November 10, 2026
Infant Bleeding Surges as Vitamin K…

Infant bleeding rose as fewer newborns received vitamin K shots,…

By – Michallie K Harrison
America November 10, 2026
UGA Leads $8 Million Initiative to…

The University of Georgia (UGA) has received an $8 million…

By – Jackie Allen
America November 10, 2026
Hegseth Impeachment: A Defiant Fight to…

WASHINGTON — The Hegseth impeachment fight escalated Tuesday as the…

By – Michallie K Harrison
America November 10, 2026
Newsom Commutes All 548 California Death…

Gov. Gavin Newsom on Thursday, Nov. 5, announced he will…

By – Derek Johnson
America November 10, 2026
FBI Investigates Nvidia CEO Jensen Huang’s…

By Samuel López | USA Herald WASHINGTON — Nvidia CEO…

By – Samuel Lopez
America November 10, 2026
OpenAI Hit With Racketeering Lawsuit Over…

Behind the $20 Billion Deal Three Georgia residents accuse OpenAI…

By – Samuel Lopez
America November 9, 2026
Jasmyne Garcia  Beaten to Death  in…

MORGAN HILL, Calif. — Jasmyne Garcia, 34, was allegedly beaten…

By – Jackie Allen
America November 9, 2026
Hegseth Impeachment: 8 Charges Put the…

WASHINGTON — Rep. Thomas Massie renewed his Hegseth impeachment push…

By – Michallie K Harrison
America November 9, 2026
Natalee Holloway Case Returns to Spotlight…

  ARUBA — More than 20 years after Natalee Holloway…

By – Jackie Allen
America November 9, 2026
Jenson Huang Scandal: Nvidia Investigates CEO’s…

SAN FRANCISCO (AP) — Jenson Huang, the chief executive of…

By – Jackie Allen
America November 9, 2026
Trump Downplays Iran Strikes as U.S.…

WASHINGTON — President Donald Trump says major new Iran strikes…

By – Michallie K Harrison
America November 9, 2026
Russell Brand Sentenced to 10½ Years…

LONDON — Russell Brand was sentenced to 10 years and…

By – Michallie K Harrison
America November 9, 2026
Nvidia Probes Alleged Spy Operation Targeting…

WASHINGTON — Nvidia’s Jensen Huang investigation will examine reports that…

By – Michallie K Harrison
Breaking News November 10, 2026
Nvidia Opens Investigation Into CEO Jensen…

Nvidia's board has opened an investigation into reports that CEO…

By – Derek Johnson
America November 9, 2026
Chappelle’s Charlie Kirk Joke Tests Free…

Dave Chappelle’s Charlie Kirk joke has drawn angry responses from…

By – Michallie K Harrison
America November 8, 2026
JWST discovers 104 magnified stellar events…

Astronomers using NASA’s James Webb Space Telescope have identified 104…

By – Jackie Allen
America November 8, 2026
Artemis Program: NASA Seeks New Astronauts…

CAPE CANAVERAL, Fla. — NASA is recruiting a new generation…

By – Jackie Allen
America November 7, 2026
KPMG Settles – Agrees To Pay…

What the $224.5 Million Settlement Reveals KPMG agreed to a…

By – Samuel Lopez
America November 7, 2026
Mike Tyson And Ric Flair Score…

Inside the $50 Million Legal Battle A federal judge rejected…

By – Samuel Lopez
America November 6, 2026
Hackers Target French Blood Banks In…

By Samuel Lopez – USA Herald A cyberattack targeting blood-storage…

By – Samuel Lopez
America November 5, 2026
AI Flagged Bias in Trump Climate…

WASHINGTON — Researchers on a Trump climate panel asked Microsoft…

By – Michallie K Harrison
America November 5, 2026
Russell Brand Convicted of Rape, Taken…

LONDON — Russell Brand was convicted of rape and three…

By – Michallie K Harrison
America November 3, 2026
Supreme Court Takes Up Colorado Preschool…

What the Justices Must Decide Colorado says every publicly funded…

By – Samuel Lopez
America November 2, 2026
California Botox Doctor Gets 15 Years…

What the Medicare Records Revealed A California doctor billed more…

By – Samuel Lopez
America October 31, 2026
A New 2026 Twin Study Revives…

Three Takeaways Identical twins and triplets were separated through adoption…

By – Samuel Lopez
America November 5, 2026
Dallas Cowboys Face  Crisis After Crushing…

By Jackie Allen | USA Herald The Dallas Cowboys are…

By – Jackie Allen
America November 4, 2026
WNBA: DeWanna Bonner Makes Emotional Admission…

ATLANTA — The WNBA Finals ended in heartbreak for the…

By – Jackie Allen
America November 4, 2026
Inés Gómez Mont Arrested by ICE…

MIAMI —  Inés Gómez Mont, a former television personality who…

By – Jackie Allen
America October 31, 2026
Bill Belichick and Jordon Hudson Reportedly End…

Bill Belichick and Jordon Hudson reportedly ended their romantic relationship…

By – Jackie Allen
America October 29, 2026
Brewers Beat Rays to Win First…

ST. PETERSBURG, Fla. — The Milwaukee Brewers won their first…

By – Michallie K Harrison
America October 23, 2026
Connor Hellebuyck Traded to New Jersey…

The New Jersey Devils have made a major move to…

By – Tyler Brooks

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter