After repeated failed attempts to pass stricter bans, Republicans in some US states are changing their messaging, touting “common sense” abortion laws presented as more lenient than outright bans, but that are more restrictive than they seem when looked at in detail.
Nebraska’s state legislature passed a 12-week ban on Friday, days after another 12-week ban cleared its final hurdle in North Carolina.
Meanwhile, South Carolina’s senate will again weigh a six-week abortion ban that the legislature has repeatedly tried and failed to pass in previous weeks.
In Nebraska, Republican lawmakers praised the ban as a compromise, but their Democratic colleagues did not see it that way. “This place is morally bankrupt,” said the Omaha state senator Machaela Cavanaugh. “I’m looking forward to 2025 when I no longer have to serve with many of you.” Cavanaugh filibustered for hundreds of hours in recent months in an attempt to stop the bill passed on Friday, an anti-trans measure to which the abortion ban was attached.
Two weeks ago, a six-week ban was tanked in Nebraska, partly by one of its original co-sponsors – the Republican state senator Merve Riepe – who had come to think of it as too extreme, as many women do not yet realize they are pregnant at six weeks. Ahead of the earlier vote, which Riepe abstained from, he passed around a news article warning that abortion was hurting the Republican party, according to the Washington Post. Polling has consistently found that strong majorities of Americans oppose abortion bans.
The Nebraska ban includes no exceptions for fetal anomalies or pregnancies incompatible with life and threatens doctors with jail time.
Republicans in Nebraska’s technically non-partisan legislature (where each lawmaker nonetheless identifies either as Republican or Democrat) have painted the bill as a huge step down from the six-week ban.
Nebraskans crowded the statehouse as the bill progressed on Wednesday, drowning out the lively debate on the house floor with angry chants and foot stomping. By the end of the night, lawmakers were forced to seek refuge, fleeing the capitol rotunda through a back tunnel flanked by police escorts in a bid to avoid angry protesters.
With the legislative session about to end, lawmakers craftily advanced the ban by attaching it to a measure limiting gender-affirming care to transgender people.
“You are willing to drive this state into the ground. You look ridiculous,” Cavanaugh, said on Wednesday, adding: “Women will die, children are dying, and you are responsible.”
In North Carolina, the 12-week ban was passed on Wednesday, when Republican politicians overrode the Democratic governor’s veto. The fresh ban brings the current limit down from 20 weeks.
Republicans described the bill as “pro-life plan, not an abortion ban”, as they passed it amid protestors chanting “shame” from inside the state legislature. But the bill will make it incredibly difficult to obtain an abortion in North Carolina, a state that has become somewhat of a safe haven for abortion in the increasingly restrictive Bible belt.
Most notably, the bill limits the use of medication abortion – the most common US method of abortion – to 10 weeks of pregnancy, and requires three in-person visits to get pills or any other form of the procedure. Those restrictions will make it harder to get an abortion for those with uncompromising work schedules, those who can’t afford to pay for childcare and those traveling from out of state.
Further worsening the effect of abortion bans on low-income people and women of color, it will also make people seeking abortions wait 72 hours between visits. It will require women to watch ultrasounds before they have an abortion, and to be warned about unfounded medical side-effects of abortion before having one.
Strict licensing requirements written into the bill could also shutter a number of the state’s remaining 14 clinics, and oblige abortion providers to report details on people who have sought an abortion to the state department of health and human services.
And in South Carolina on Wednesday, a six-week abortion ban finally progressed to the senate, after weeks of Republicans repeatedly trying and failing to move it forward. But even if it passes, it must be upheld by the state supreme court, which blocked a similar six-week ban earlier this year. (The composition of that supreme court has since changed – the judge who wrote the decision striking down the ban has been replaced by judge who GOP lawmakers hope will overturn it.) Meanwhile, Republican and Democratic women have repeatedly united in a filibuster to stop the bill from passing. They have said they plan to do so again.
Some 900 amendments were affixed to the legislation – many by Democrats hoping to delay the passage of the bill. Some of those amendments included making the state liable for funeral costs of people who die after being denied an abortion, and making men liable for child support and the costs of half of all pregnancy expenses, starting from fertilization.
