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NH Law Not Impacted by SCOTUS Ruling, But NHDems Still Vow to Fight

New Hampshire’s elected officials responded with anger and outrage to the news of the U.S. Supreme Court’s ruling overturning the 50-year-old Roe v. Wade decision, sending the regulation of abortion back to the states and the people. New Hampshire Democrats promised to fight. 

“I am angry and heartbroken by today’s Supreme Court decision. We knew this was coming, but it doesn’t make it any easier. Elections have consequences, and I will never stop fighting for access to abortion and a woman’s right to choose,” Sen. Jeanne Shaheen said on Twitter.

Sen. Maggie Hassan called the ruling a “radical” decision.

“The Supreme Court’s radical decision to take away a woman’s freedom – her right to bodily autonomy – has pulled us back decades,” Hassan said. “Abortion is a fundamental right. I won’t let this be the final word on our freedom, and I will keep fighting.”

U.S. Rep. Annie Kuster (D) said the conservative majority on the Supreme Court will go further unless Democrats win elections.

“Make no mistake – they are coming for contraception. They are coming for same-sex marriage. Elections matter. Vote,” she tweeted.

Alito’s majority opinion explicitly confronts that particular argument, saying, “Rights regarding contraception and same-sex relationships are inherently different from the right to abortion because the latter (as we have stressed) uniquely involves what Roe and Casey termed ‘potential life.'” However, Justice Clarence Thomas, in a lone concurring opinion, suggested any cases resolved based on “substantive due process precedents” — which includes cases involving birth control and same-sex marriage — should be “reconsidered.”

Governor Chris Sununu released a statement repeating the fact that New Hampshire’s law isn’t impacted in any way by this ruling. “Regardless of this Supreme Court decision, access to these services will continue to remain safe, accessible, and legal in New Hampshire,” Sununu said.

Nevertheless, U.S. Rep. Chris Pappas, D-Manchester, still claimed the Supreme Court’s ruling impacted women in the Granite State.

“This decision is a devastating blow against the health, well-being, and personal freedom of women in New Hampshire and all across our country,” Pappas said.

And state legislators like Senate Minority Leader Donna Soucy (D-Manchester) went so far as to “implore” Sununu  “to call the Legislature back in for a special session to enshrine the right to safe, legal abortion care here in New Hampshire.” She did not explain how the court’s ruling affected abortions in the state.

State Sen. Tom Sherman, D-Rye, who is running to unseat Sununu, said he would fight to ensure women continue to have the right to abortion in New Hampshire.

“I trust women to make their own medical decisions, & I will fight to codify into N.H. law the right to a safe and legal abortion,” Sherman tweeted. “Access to safe abortions & contraceptives have allowed women to grow their careers and make choices that are right for them & their families.”

All four members of the state’s federal delegation support the Women’s Health Protection Act, which, if passed, would force states to allow abortions without restriction through all nine months of pregnancy.

Dartmouth Health, the state’s largest healthcare provider, issued a statement on Friday affirming it would continue to provide abortion.

“Dartmouth Health is unwavering in its belief in the sanctity of the patient-physician relationship to make the best-informed decisions for patients to reflect their needs and healthcare priorities,” the statement read. “We also strongly believe that abortion is an essential component of healthcare. Like all medical matters, decisions regarding abortion should be made by patients in consultation with their healthcare providers.”

While Democrats in New Hampshire and national were blaming Republicans for the decision, Kristen Day, Executive Director of Democrats for Life, pointed out that the party’s extremist stance on abortion likely cost it the support needed to protect Roe.

“Abortion activists are responsible for the Roe being overturned. They overstepped by celebrating abortion and advocating for it for up to 9 months. The Democratic Party embraced these extremists leading to Republican majorities all over the country,” Day wrote on Twitter.

New Hampshire Republicans offered muted praise for the ruling, emphasizing the court’s decision moves the issue back to the states.

“I’m proud of my pro-life record in the New Hampshire State Senate,” said Senate President Chuck Morse (R-Salem), a candidate for U.S. Senate. “Last year we settled the law in New Hampshire that permits abortions in the first six months while banning late-term and partial-birth abortions in the last 12 weeks of a pregnancy – a policy that the vast majority of Granite Staters support. This decision has no impact on New Hampshire. I strongly believe that the states should have the right to govern policy in their respective states as the Supreme Court has ruled,” Morse said.

Retired Gen. Don Bolduc, who is also running in the GOP U.S. Senate primary, applauded the court’s decision as well.

“As a pro-life candidate, I believe the Supreme Court made the right decision. After the death and destruction I’ve seen across war-torn places in Afghanistan and Africa, I believe all life should be protected,” Bolduc said. “We must understand that this opinion does not outlaw abortion. It returns the decision to the individual states to make the decision they think is best for their citizens. Here in New Hampshire, our state has already passed our own laws well before this Court decision. That is precisely how the Founding Fathers intended our Constitutional Republic to function.”

Kevin Smith, R-Londonderry, another GOP U.S. Senate candidate, said state legislatures are the appropriate place to make decisions about abortion laws.

“I support returning the matter to the state legislatures, so the people in each of those states have a say in determining when it is appropriate to put reasonable restrictions in place, such as New Hampshire has done on late-term abortions,” he said.

In the GOP primary for the First Congressional District, several candidates were quick to give credit for the ruling to former President Donald Trump.

“I applaud the Supreme Court’s righteous decision to overturn Roe v. Wade. Today, life wins, and the rule of law has prevailed. God Bless the Justices, and thank you President Trump!” said Karoline Leavitt, who is hoping to challenge Pappas in November.

Rep. Tim Baxter (R-Seabrook), another candidate in the crowded First District field, also thanked Trump, and said more work needs to be done.

“We need proven conservative leaders in Congress who will stand up against the radical abortionists’ attempts to codify abortion into federal law, and I look forward to defending the lives of the unborn once I’m elected to Congress,” he wrote.

Cornerstone Action, which has promoted pro-life legislation, issued a statement predicting violence against pro-life groups as a result of the decision.

“We expect today’s news will hasten political polarization around the country and inflame a hateful totalitarianism which threatens America’s constitutional order. We must also focus—more than ever—on the physical safety of pregnancy care centers and churches and, ultimately, on protecting the separation of powers and the rule of law,” Cornerstone said.

The Sununu administration appeared to take those concerns seriously.

Friday afternoon, New Hampshire’s Homeland Security and Emergency Management Division issued a state-wide alert after activists were gathering to protest the decision at several locations throughout the state.

“The State Emergency Operations Center has been partially activated as of 4:00 PM on Friday, 6/24/22 to monitor multiple events taking place across the state in response to a Supreme Court decision.”

NHDems Double Down on Late-Term Abortion, Ending Parental Notification

When Senate Majority Leader Chuck Schumer (D-N.Y.) announced he was bringing the Women’s Health Protection Act (WHPA) back up for another vote, Sen. Maggie Hassan quickly responded on Twitter.

“Preview: I’m voting yes.”

It was not a surprise. Hassan and her Granite State colleague Sen. Jeanne Shaheen were among the four senators who introduced the legislation last June, according to a statement posted on her website. And she already voted in February in a failed attempt to bring the bill to the Senate floor.

What might be a surprise to most New Hampshire voters, however, is what is actually in the WHPA. Among other things, the legislation Hassan helped introduce would:

  • Overturn state laws that limit abortion to either the first or second trimesters. States would have to allow legal abortion up to the day of birth.  As the pro-choice organization Equal Access to Abortion, Everywhere puts it, the WHPA “establishes a statutory right for health care providers to provide, and their patients to receive, abortion care free from medically unnecessary restrictions.”
  • Override nearly all state abortion laws, including parental notification laws like the one New Hampshire passed in 2011. As the WHPA states: “Access to abortion services has been obstructed across the United States in various ways, including … parental involvement laws (notification and consent).”
  • Weaken “conscience exemptions” to keep healthcare workers from being forced to participate in abortion procedures that violate their religious beliefs. The bill as introduced by Hassan and Shaheen explicitly supersedes the Religious Freedom Restoration Act.

“WHPA will essentially legalize abortion throughout all nine months of pregnancy and undo every state law that has protected children in the womb,” according to the group Democrats for Life America.

And unlike many controversial issues where Hassan is careful not to articulate a clear, specific position, on the WHPA her stances — supporting abortion at any point during a pregnancy, without parental consent for minors, and forcing people of faith to participate in them — is in writing. And she voted with a majority of her fellow Democrats to bring the WHPA to the floor for a vote in February.

The same with Rep. Chris Pappas, who voted with every Democrat except one to pass the WHPA last fall.

While polls consistently show Americans say they oppose overturning Roe v. Wade, polls also show only a small percentage of Americans support abortions in the final months of pregnancy. Since 1996, Gallup has found more than 80 percent of Americans oppose third-trimester abortion, which would be a federal mandate in every state under the bill Hassan introduced and Pappas helped pass.

And a 2021 University of New Hampshire poll found Granite Staters support some restrictions on abortion vs. unlimited abortion on demand 58-38 percent.

During a radio interview with Jack Heath Thursday about the prospect of the U.S. Supreme Court overturning Roe v. Wade, businessman and academic Vikram Mansharamani echoed the view of most Americans, based on polling data.

“If you look at the topic of abortion, you take a commonsensical non-political perspective I think, most would agree that a late-term abortion, partial-birth abortion, third-trimester abortion is not acceptable,” said Mansharamani, who is running in the GOP U.S. Senate primary. “I don’t think there’s a lot of people who think that is worth pursuing, but that is where Maggie Hassan and the Democrats are.”

The New Hampshire Democratic Party has been sending multiple press releases daily on the abortion issue since Justice Samuel Alito’s February draft of an opinion overturning Roe was leaked Monday night. They believe staking out a no-restrictions stance on abortion will help them motivate younger voters who tend not to turn out in midterm elections.

President Joe Biden, whose poll numbers are lower than any other post-war president at this point in a presidency, has strongly embraced this issue. “The idea that we’re going to make a judgment that is going to say that no one can make the judgment to choose to abort a child, based on a decision by the Supreme Court, I think goes way overboard,” he said Tuesday.

His message for the midterms: “It will fall on voters to elect pro-choice officials this November. At the federal level, we will need more pro-choice Senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law.”

The question is whether turning the November election into a referendum — not on general attitudes about abortion, but a specific law like the WHPA to mandate unrestricted abortion — will motivate more pro-choice liberals or pro-life conservatives?

Both Hassan and Pappas are polling underwater with New Hampshire voters. Their big problem is independents, where they have a 20-point approval deficit. Based on polling about how these voters view the difficult issue of abortion, staking out an extreme position on late-term abortion, parental consent and personal conscience may not be the best way to get those voters back.