By BRETT DAVIS
THE CENTER SQUARE SENIOR REPORTER
(The Center Square) — If the landmark case legalizing abortion in Roe v. Wade is overturned as suggested by a now-confirmed draft of a majority opinion written by Supreme Court Justice Samuel Alito, not much would change in Washington state in terms of abortion law.
The Supreme Court draft ruling on a high-profile abortion case was created in February, according to Politico, which obtained the opinion and released it Monday. Per the draft opinion, the court would overturn two landmark cases, Roe, as well as Planned Parenthood of Southern Pennsylvania v. Casey.
If the court ends up ruling as the draft opinion indicates, the abortion issue would be returned to the states, without federal courts having a say over the legality of abortion rules.
That means little would change in Washington should Roe be overturned.
That’s because abortions are more accessible in Washington, where state law protects a woman’s right to terminate her pregnancy any time before the fetus is considered viable — that is, when it can survive outside of the womb. That’s generally considered to be about 24 weeks.
State law also allows pregnancies to be ended past 24 weeks, if doing so would protect the health or life of the mother.
Abortion rights in the Evergreen State were bolstered in April 2021 when Gov. Jay Inslee signed House Bill 1099 into law. HB 1009 requires college student health plan coverage that includes maternity care to “also provide a covered person with substantially equivalent coverage to permit the abortion of a pregnancy.”
There seemed to be bipartisan agreement among state legislative leaders about the strength of Washington’s abortion laws, if not abortion itself.
“In Washington state, our Democratic majorities have reinforced laws that guarantee a woman’s right to an abortion,” said Sen. Majority Leader Andy Billig, D-Spokane, in a Tuesday morning statement. “But even though our state was prepared for this erosion of rights, now that this moment has apparently arrived, it is no less shocking. For the majority of my life, I have watched the Supreme Court expand and reinforce the rights of Americans — not revoke them. Unfortunately in recent years, we have seen this court move in a different direction away from basic individual liberties. Our state will remain a beacon for choice and welcome people from other states who are being denied their right to choose.”
Brett Davis covers the Washington state government for The Center Square.