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Dems Propose Protections For Abortion Fund Donors

Three state lawmakers want to protect New Yorkers who find themselves on the wrong end of Texas’ Heartbeat Act.

The Texas law, which took effect Wednesday, prohibits abortions once medical professionals can detect cardiac activity, usually around six weeks, though there is scientific debate as to what constitutes cardiac activity. Medical experts say the cardiac activity is not an actual heartbeat but rather an initial flutter of electric activity within cells in an embryo. They say the heart doesn’t begin to form until the fetus is at least nine weeks old, and they decry efforts to promote abortion bans by relying on medical inaccuracies.

Besides banning abortions after cardiac activity is detected, the bill would change all references to “fetus” in the state’s abortion laws to “unborn child.”While a dozen states have tried to enact bans early in pregnancy, those laws have been blocked by courts.

A.8286, sponsored by Assemblywoman Amy Paulin, D-Scarsdale, and co-sponsored by Assemblyman Charles Lavine, D-Glen Cove, and Assemblyman Jeff Dinowitz, D-Bronx, would exempt a New York resident from a money or property judgement arising from an action in another state when the New Yorker aids or abets the performance or inducement of an abortion.

“New York has been a leader in preserving a woman’s right to bodily autonomy,” Paulin wrote in her legislative justification. “In 2019, the Reproductive Health Act was enacted, codifying the right to an abortion set out in Roe v. Wade. The Texas Heartbeat Act goes against the very principals of our state and sets a very dangerous precedent for women.”

Paulin’s proposal wouldn’t apply just to the Texas law, but also to similar laws being considered in other states. The Associated Press reported recently that Mississippi, Arkansas, Florida, Indiana, North Dakota and South Dakota are considering similar legislation. Idaho passed a law this year with similar restrictions to Texas, but it will only go into effect if a U.S. appeals court upholds another state’s law, a condition that has not been met.

Of concern for New York lawmakers is the possibility that donors to abortion funds that provide financial or logistical help to Texans seeking abortions could find themselves being sued. Even if a person is sued successfully defends themselves, they can still be on the hook for attorney fees, court costs and travel costs to Texas. The law does nto allow defendants to pursue reimbursement for those costs.

“This legislation will exempt any personal or real property held by a New York resident, who is subject to a money judgment arising from an action in another state for aiding or abetting the performance or inducement of an abortion, from being reached to satisfy such money judgement. New Yorkers’ property must be protected and should not be used to satisfy a judgment obtained under the draconian Texas law.”

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