RHODE ISLAND
Political control: The Democrats who control Rhode Island’s General Assembly support access to abortion, as does the Democratic governor.
Background: Rhode Island’s governor signed legislation in 2019 to enshrine abortion protections in case the U.S. Supreme Court overturned its 1973 decision in Roe v. Wade. The law says the state will not restrict the right to an abortion prior to fetal viability or after if necessary to protect the health or life of the pregnant woman. It repealed older laws deemed unconstitutional by the courts. The Rhode Island Supreme Court upheld the 2019 law in May, just two days after the Supreme Court draft opinion was leaked suggesting that a majority of the justices were prepared to overturn Roe. Abortion opponents had argued the law violates the state constitution. In 2020, there were 2,611 abortions in Rhode Island, according to the state health department.
Effect of Supreme Court ruling: Rhode Island’s attorney general believes the 2019 Reproductive Privacy Act will continue to protect access to abortion. Planned Parenthood Votes! Rhode Island also said abortion will remain legal regardless of the decision because the right was codified in state law.
What’s next: On the Monday after the Supreme Court decision, Rhode Island’s Democratic governor said he will sign an executive order to shield abortion providers in the state from lawsuits by anti-abortion activists in other states. McKee’s office didn’t have a date for the signing, but said the governor wants to act as soon as possible. Two of his opponents in September’s Democratic primary for governor, Secretary of State Nellie Gorbea and Matt Brown, had urged McKee to sign such an order. They also want state lawmakers to return for a special session to add abortion coverage to Rhode Island’s Medicaid program and to the insurance coverage for state employees. Legislative leaders said they plan to address abortion coverage next year because it has financial implications and wasn’t included in this year’s budget.
