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New Hampshire Democrats are using abortion cases before the U. S. Supreme Court to renew their push for unrestricted abortion access in the Granite State.

“We are at a crisis moment for abortion rights: The threat to the constitutional right to an abortion has never been greater in our country. Six months from now, abortion could be illegal in half the country,” said Kayla Montgomery, vice president for public affairs at Planned Parenthood New Hampshire Action Fund.

The Supreme Court held oral arguments on Wednesday as it considers whether the state of Mississippi can ban abortion at 15 weeks. The court previously heard arguments on the Texas law banning abortion at six weeks, and a decision on that case is pending.

It’s possible the court could overturn either the 1992 Casey decision or the 1973 Roe decision, both of which restricted the right of voters to pass laws regulating abortion. Some court watchers believe they heard Chief Justice John Roberts suggest a way to leave the Mississippi law in place without overturning Roe.

A decision is expected in June.

Gov. Chris Sununu, a self-described pro-choice Republican who supports upholding Roe v. Wade, signed a 24-week abortion ban when he approved the state budget. The ban was forced into the budget bill by House conservatives who threatened to derail the legislation over the ban. He has since said he supports removing the requirement that all women seeking abortions be required to undergo an ultrasound first.

According to Cornerstone, a non-partisan, non-profit Christian advocacy organization, the description of the ultrasound as mandatory is inaccurate.

“Under the act, performing an abortion without an ultrasound will only be punished in one situation: where there is a “substantial risk” that the child is at least 24 weeks old. In any other circumstance, the provider can skip the ultrasound and face no penalties under the act,” the group says in a fact sheet on the new law.

Asked about the Mississippi case this week, Sununu told NHJournal he wasn’t paying attention to it and does not believe Roe will be overturned.

Devon Chaffee, executive director of the ACLU of New Hampshire, said if the Supreme Court ends Roe, abortion in New Hampshire is still legal for the first six months. Chaffee and Montgomery stood with state lawmakers on Wednesday promising legislative action to make sure abortion stays legal no matter what happens in Washington.

“Unfortunately, it is no longer an option for us to count on the U.S. Supreme Court to protect our reproductive rights,” said state Sen. Rebecca Whitley, D-Contoocook. “Now is the time to take proactive action to protect abortion access in New Hampshire.”

Democrats want abortion rights codified in state law, and they are pushing to undo the 24-week ban and return to the policy of unrestricted legal abortion at any point in a pregnancy.

All the members of New Hampshire’s congressional delegation came out in support of upholding Roe on Wednesday, as well as the federal effort to make sure abortion rights are protected from the Supreme Court. Rep. Chris Pappas said the Women’s Health Protection Act, supported by all members of the delegation, will codify Roe as federal law.

“We can no longer count on the Supreme Court to defend Roe and be the backstop as they have been – in this new era it’s up to us to fight back,” Pappas said.

Supporters of overturning Roe v. Wade have long argued that abortion should be regulated by the democratic process as Pappas suggests, not a court’s ruling.

Sen. Maggie Hassan called the Mississippi ban “extreme” and devastating for women.

“This is one of the most extreme abortion bans in the country and it would take us back to almost 50 years ago,” Hassan said.

Shannon McGinley, executive director of Cornerstone Action of New Hampshire, called out Democrats for equating New Hampshire’s 24-week ban with Mississippi’s law or the fetal heartbeat bill in Texas.

“The currently pending Supreme Court cases challenging abortion law in Mississippi and Texas are not going to have any legal effect on our law in New Hampshire,” McGinley said. “Our law prohibits abortion at six months, not 15 weeks (Mississippi) or six weeks (Texas). Those trying to link New Hampshire’s moderate law with these other states are ignoring the facts.”

Both major Supreme Court abortion decisions, Roe and Casey, allow for states to restrict abortion at some point in the pregnancy. Even those restrictions are considered loose compared to most developed countries, which set the limits at 12 to 15 weeks for elective abortions.

McGinley said Democrats are engaging in misinformation to push for complete, unrestricted access to abortion.

“Planned Parenthood’s position and messaging is predictable in its attempt to cynically sway public opinion,” she said. “With every elected branch of government in New Hampshire led by Republicans, not by Planned Parenthood, there is no reason why we shouldn’t be able to protect a law with absolutely no impediment to abortion access in those first six months, but that does balance that access with commonsense protections for the late-term pre-born.”

A day after Sen. Jeanne Shaheen compared New Hampshire’s new late-abortion ban to an “authoritarian state,” leaders of Democrats for Life called her position “extreme” and her claims dishonest.

The four members of New Hampshire’s delegation held an online event in advance of Wednesday’s oral arguments before the U.S. Supreme Court on the Dobbs v. Jackson Women’s Health Organization case. They decried New Hampshire’s new abortion law and warned of dire consequences if the Supreme Court overturned the landmark Roe v. Wade decision.

“What we’re seeing in the ‘Live Free or Die’ state is unbelievable to me,” Shaheen said. “The attempt to have state control of our personal health really is what we would see in an authoritarian state. It’s not what we would expect in New Hampshire.”

“I think if you want to see a revolution, go ahead, outlaw Roe v. Wade and see what the response is,” Shaheen added.

Shaheen’s comment made national news as an indication, critics say, of pro-abortion extremism in the Democratic Party.

Democrats for Life President Monica Sparks addresses a crowd outside the DNC headquarters in Washington, D.C. on November 30, 2021.

Democrats for Life held a rally outside Democratic National Committee headquarters in Washington, D. C. Tuesday, urging their party to move away from its extreme abortion-on-demand position and become more open to pro-life candidates.

“One in three Democrats are pro-life. That’s a lot of people. Why do you keep leaving us outside the big tent?” asked newly-elected DFL President Monica Sparks. “Shame on you, DNC!”

Asked about Shaheen’s statement, DFL Executive Director Kristen Day said she found it “interesting a U.S. Senator would completely misrepresent Roe v. Wade and the effects of overturning it. She knows better. She’s just trying to create a false narrative.”

Gov. Chris Sununu, a target of the New Hampshire congressional delegation’s criticism, was asked by NHJournal Wednesday if he’d take action to protect abortion rights if the Supreme Court overturned the 1973 Roe vs. Wade decision. 

“I’m not really paying attention to that case,” Sununu said. “It’s not an overturn of Roe vs. Wade. It’s about viability.”

The Dobbs lawsuit concerns the new Mississippi law that restricts abortion after 15 weeks. According to Shannon Brewer, who runs the only abortion clinic in Mississippi, about 10 percent of the abortions the clinic performs take place after the fifteenth week of pregnancy.

The court is also considering the constitutionality of a Texas law that bans abortion after a fetal heartbeat is detected, usually around six weeks.

Vice President of Public Affairs with Planned Parenthood New Hampshire Action Fund Kayla Montgomery said abortion rights are at stake whether Sununu is paying attention or not.

“To be clear, abortion rights are at stake at the Supreme Court. Reproductive health providers, advocates, and Granite Staters are paying attention to this case because we know it will determine the future of abortion access in our country. Without constitutional protections, abortion rights will be decided on a state-by-state basis,” Montgomery said.

Overturning Roe would have no impact on New Hampshire’s late-term abortion ban.

Jason Hennessey, president of New Hampshire’s Right to Life, said Sununu’s record on abortion has been mixed, though he does approve some of the governor’s actions.

“The governor did sign the fetal life protection act, and he signed a bill to protect state taxpayer money from going to abortion clinics,” Hennessey said. “This past year he’s done some good things … We would certainly like to see him take more of a leadership role, but he’s said he’s pro-choice.”

In a statement to the Portsmouth Herald, Sununu spokesperson Brandon Pratt said, “To be clear, he did not propose this legislative amendment. But as the governor has repeatedly said, he would not veto a $13 billion state budget over a change that would bring New Hampshire in line with 43 other states, and any claim that this is a radical restriction is just partisan politics.”

Most U.S. states, as well as most modern industrialized countries, reject Shaheen’s abortion-on-demand up to the day of birth position as extreme. According to recent polls, so do most American voters.

Gallup polling has consistently found more than 80 percent of Americans oppose abortions in the third trimester. And a new Marquette University poll found 37 percent of Americans favor upholding Mississippi’s 15-week limit, while just 32 percent oppose it.

The DFL’s Day said the Democratic Party’s pro-abortion stance is hurting it among voters in middle America, and statements like Shaheen’s aren’t helping.

“She’s just creating panic, unnecessary panic,” Day said. “What we really need to focus on is providing women with real choice.”

Damien Fisher contributed to this report. 

U.S. Rep. Annie Kuster stood in the White House Rose Garden Monday moments before President Joe Biden was due to sign the $1.2 trillion infrastructure spending, celebrating the spending.

“A billion dollars coming to New Hampshire for roads and bridges and highways, we’re even going to get rail back to New Hampshire,” Kuster said in a video posted to Twitter.

As Kuster spoke, the United States Marine Corps Band played “76 Trombones” from the Broadway show, “The Music Man,” about a con artist who made big promises he couldn’t keep.

Kuster and the rest of New Hampshire’s congressional delegation celebrated Biden’s signing of the bill, citing the investments in roads and bridges, as well as broadband internet for rural areas like New Hampshire, public transportation expansion, and investments in clean drinking water.

“This bill has so many elements that will be game-changers for our families and our economy,” said Sen. Maggie Hassan.

Hassan is facing a potentially tough reelection bid despite presumed front-runner Gov. Chris Sununu bowing out of the race last week. Polls show Biden’s spending package is popular, even if the president himself is not.

Rep. Chris Pappas, whose congressional career faces possible extinction thanks to Republican-led redistricting, also supported the spending plan.

“I’m pleased the president has signed this legislation into law, and I look forward to beginning the work of repairing our infrastructure,” he said.

Both Pappas and Kuster’s poll ratings dipped into negative territory in the latest New Hampshire Institute of Politics poll, a first for both of them. Pappas was at 42 percent favorable to 46 percent unfavorable, Kuster landed at 40 percent to 46 percent.

The only Democrat not facing reelection this year, Sen. Janne Shaheen, touted her role in crafting the spending legislation.

“As a lead negotiator, I fought to ensure New Hampshire priorities were front and center: that includes investments to upgrade our water infrastructure – including robust support to combat PFAS contamination – and to bring high-speed internet to every corner of our state,” she said.

Backing the nominally bipartisan infrastructure plan, which had 13 Republican House votes, is risky for the three incumbents facing voters next year. Biden is underwater with Granite State voters, according to the most recent polling data. His recent polling average is 42 percent approve/52 percent disapprove. As Gallup reports, “Currently, 34 percent of independents approve of the job Biden is doing, the lowest of his term to date. His approval among independents has fallen a total of 21 points since June, including nine points since August.”

Biden is also trying to push through his $1.75 trillion Build Back Better social safety net spending package that includes spending on daycare, cash payments to parents, and green energy policies. Given a 30 percent spike in inflation, a majority of New Hampshire voters may not want to see all of that spending. Only 37 percent of Granite Staters want the “Build Back Better” multi-trillion-dollar spending package to pass, while 40 percent would like to see both spending bills killed, according to the polls.

And a Scott Rasmussen poll taken in August, before inflation become a top-tier issue, found 59 percent of voters nationwide believe increased government spending leads to inflation. Only 14 percent disagreed.

Gov. Chris Sununu’s decision to ditch Washington and run for a fourth term in the Granite State has political Twitter buzzing. Some tweeters are trying to figure out why, some are looking at the impact of Sununu’s bow out, and others are looking at what could happen next.

The New York Times’ Shane Goldmacher said Sununu’s decision not to run could be one of the biggest stories for the upcoming mid-term elections.

The news did not seem to go over well in Sen. Mitch McConnell’s circle. The Senate minority leader heavily recruited Sununu for months. Here’s McConnell’s former campaign manager, Josh Holmes, shortly after Sununu’s announcement. (Holmes co-hosts the popular “Ruthless” podcast, and Sununu was a featured guest over the summer.)

Fox New’s Laura Ingraham said no one should have been shocked, and blamed McConnell and other establishment Republicans.

The liberal magazine, The New Republic, echoed Sununu’s views on life in the U.S. Senate.

Dave Weigel, a Washington Post reporter, seemed to like Sununu’s path.

Raw Story’s Matthew Chapman blamed McConnell for botching the recruit.

New Hampshire Bulletin’s Annmarie Timmins raised a possible presidential run.

CNN’s Dan Merica took note of how Sununu made the announcement: By going after Washington.

The decision is good for the state Republicans, according to Chaz Nuttycombe with CNalysis.

Kyle Kondik with Sabato’s Crystal Ball sees it ultimately helping Hassan.

Speculation as to who might jump into the race is getting heated up and Drew Nirenberg, the communications director for Ohio Sen. Rob Portman, threw out a new name.