Reproductive Health Act

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.”

New York Governor Andrew Cuomo is defending the state’s law on woman’s rights to abortion after President Donald Trump attacked it during his State of the Union address on Tuesday night.

In an op-ed published by the New York Times, Cuomo accused Trump and his allies” of “intentionally spreading lies” about New York’s Reproductive Health Act.

Cuomo says Reproductive Health Act merely codifies Roe v. Wade

The governor wrote, “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.”

Additionally, Cuomo emphasized that the Reproductive Health Act merely codifies the Supreme Court’s decision in Roe v. Wade into New York State law.

“Mr. Trump and the religious right are spreading falsehoods about New York’s law to inflame their base. Activists on the far right continue to mislead with the ridiculous claim that the act will allow abortions up to a minute before birth,” according to the governor.

Trump suggested New York’s law allows late-term abortion

In his State of the Union address, Trump stated that New York’s law and a proposed legislation in Virginia allows late-term abortions

The President said, “Lawmakers in New York cheered with delight upon the passage of legislation that would allow a baby to be ripped from the mother’s womb moments from birth… And then, we had the case of the Governor of Virginia where he stated he would execute a baby after birth.”

Trump requested members of the Congress to “pass a legislation to prohibit late-term abortion of children who can feel pain in the mother’s womb.” He encouraged them to “build a culture that cherished innocent life.”

New York Governor Andrew Cuomo signed into law the Reproductive Health Act, which codifies the Supreme Court’s decision on Roe v. Wade into New York State law.

Earlier this month, Cuomo together with the leaders of the New York Legislature promised that they will approve the bill within the first 30 days of the legislative session.

Democratic State Senator Liz Kruger introduced the Reproductive Health Act to protect women’s rights to make medical decisions about their body. The legislation amends provisions of the state’s public health law that restricts women’s rights to abortion. In other words, the legislation decriminalizes women’s access to abortion and recognizes that it is a health care.

On Wednesday, the governor said they fulfilled their promise to protect women’s reproductive rights. According to him, “In the face of a federal government intent on rolling back Roe v. Wade and women’s reproductive rights, I promised that we would pass this critical legislation within the first 30 days of the new session – and we got it done.”

New York sends a clear message regarding women’s reproductive rights

Additionally, the governor stated, “Today we are taking a giant step forward in the hard-fought battle to ensure a woman’s right to make her own decisions about her own personal health, including the ability to access an abortion. With the signing of this bill, we are sending a clear message that whatever happens in Washington, women in New York will always have the fundamental right to control their own body.”

Senate Majority Leader Andrea Stewart-Cousins commented that New York is removing the barriers to women’s rights.

On the other hand, Assembly Speaker Carl Heastie said they passed bills to” ensure New Yorkers can control their family planning decisions, have access to the reproductive healthcare they need and will not be discriminated for their choices.”

Meanwhile, Sen. Kruger said, “The decision about whether to have an abortion is deeply personal. It involves a complex weighing of a woman’s unique circumstances, her medical needs, her private morality, and her own body. That is why it is a decision that must be made by a woman and her healthcare provider alone – not by the government.”

New York Governor Andrew Cuomo and the State Legislature vowed to approve the Reproductive Health Act (RHA) within the first 30 days of the legislative session.

The governor together with New York Senate Majority Leader Andrea Stewart-Cousins, and other state officials made the promise on Monday.

Former U.S. Secretary of State Hillary Clinton also joined the governor in encouraging the legislature to immediately pass the RHA.

Trump administration’s “extreme conservative agenda” threatens women’s rights

In a statement, Cuomo emphasized that a woman has a fundamental right to make decision regarding her personal health. However, Washington “continues to threaten” women’s freedoms with its “extreme conservative agenda.”

“New York will not stand for a federal government that presumes to know what is best for women across this country,” said Cuomo.

Additionally, the governor emphasized that his administration will fight to ensure the immediate passage of the RHA to protect women’s right to all reproductive health care options.

On the other hand, Stewart-Cousins noted that Senate Democrats gained the largest majority in a century. They promised to pass legislation to expand and protect New Yorkers’ rights.

According to her, President Donald Trump and the federal government are threatening women’s rights. She believes that the RHA is “essential.”

Meanwhile, Assembly Speaker Carl Heastie said, “Year after year, the Assembly Majority has fought for the reproductive rights of women by passing the Reproductive Health Act, the Comprehensive Contraceptive Coverage Act and the Boss Bill. We know that when women are in control of their family planning decisions, outcomes improve for everyone. I am proud to lead a body that is fearless in its pursuit of putting families first.”

Cuomo promised to codify Roe v. Wade into New York State law

During the event, Cuomo also promised to codify the Supreme Court’s decision on Roe v. Wade into New York State law.

He will also advance legislation supporting the Comprehensive Contraceptive Coverage Act to codify the requirements under the Affordable Care Act (ACA). Under the federal healthcare law, employers are required to include contraceptive coverage for women in their health insurance plans.

Furthermore, Cuomo pledge to delay the passage of the budget until the legislature approves the Reproductive Health Act and Comprehensive Contraceptive Coverage Act.