In summary
California Democrats have passed two dozen laws to protect abortion access since the Supreme Court in 2021 overturned Roe vs. Wade. New bills are on the table.
As President-elect Donald Trump prepares to take office, California Democrats are developing new plans to strengthen the state’s abortion protections.
Attorney General Rob Bonta today announced two legislative proposals aimed at safeguarding medication abortion and enforcing the state’s Reproductive Privacy Act, which ensures individuals have the right to make decisions about reproductive care without government interference.
Both bills, if enacted, would join more than two dozen other laws intended to make California a reproductive health “safe haven” since the Supreme Court’s Dobbs decision three years ago eliminated federal abortion protections.
The move comes as lawmakers meet during a special legislative session to “Trump-proof” the state’s policies. Gov. Gavin Newsom convened the session to request additional money for the state Department of Justice to sue the Trump administration over a variety of policies that could be challenged by a conservative federal government, including climate programs and reproductive health care.
“In California we are not backing down. We are absolutely committed to making sure that all women have access to reproductive freedom,” Bonta said during a press conference Monday. The state Department of Justice is sponsoring both measures.
Trump said previously he will let states decide on abortion, but he takes credit for the overturning of federal abortion protections. The Supreme Court, with three conservative justices appointed by Trump, in 2022 eliminated Roe v. Wade’s long-standing constitutional protections for abortion.
Assemblymember Rebecca Bauer-Kahan, a Democrat from Orinda, is authoring a bill that would allow the attorney general’s office to fine cities and other local governments that interfere with abortion access under the Reproductive Privacy Act.
The proposal follows moves by several cities recently to restrict the opening of new abortion clinics. Earlier this year Bonta’s office reached a settlement with the city of Beverly Hills, which Department of Justice investigators said inappropriately prevented an abortion clinic from opening. Planned Parenthood is also in the midst of suing the city of Fontana over allegations that officials are illegally blocking the organization from opening a new clinic.
“What we know is that our laws are only as good as the enforcement mechanisms in them, and so today, we are announcing better teeth to make sure those cities do not stand in the way of those clinic doors opening,” Bauer-Kahan said.
The California Family Council, which opposes abortion, said in a statement in November that the Beverly Hills settlement will have a chilling effect on local autonomy.
“The battle in Beverly Hills highlights the importance of vigilance and advocacy in the face of relentless pro-abortion legislation,” the statement said.
Maggy Krell, a newly-elected Assemblymember from Sacramento, will author a second bill to protect medication abortion. Krell, a former Planned Parenthood attorney and former assistant attorney general who focused on sex trafficking cases, said the bill aims to protect the abortion pill supply chain.
“We have an incoming federal government that is hostile to women’s rights. We have a Department of Justice incoming that may not even defend the FDA approval of medication abortion drugs. We have a United States Supreme Court that has abrogated the personal liberty interests of women to control their own bodies…That’s what we’re faced with,” Krell said. “But California has done a lot to be ready for this.”
Learn more about legislators mentioned in this story.
In his second term, many abortion advocates fear that Trump will revive a so-called “zombie law” from the 19th century known as the Comstock Act that prohibits mailing equipment and tools used for abortion and other pregnancy-related care, which could affect abortion pills.
Bonta said one of the newly introduced bills will shield abortion pill manufacturers, distributors and health care providers from civil or criminal liability when “legally transporting, distributing or administering medication” in California.
Bonta was cautious however in revealing too many details, saying “what it will ultimately include is dependent upon what the Trump administration does” and that he did not want to “telegraph” California’s defensive strategy to the conservative administration. The measure is currently a spot bill, or a placeholder for legislation.
“I will tell you we have a plan. We have a plan that is both legislative and involves litigation. We think it’s a very effective plan, and should we need to unroll it and unveil it, we are ready on day one,” Bonta said.
Supported by the California Health Care Foundation (CHCF), which works to ensure that people have access to the care they need, when they need it, at a price they can afford. Visit www.chcf.org to learn more.
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