Assemblyman Thiele Signs onto Amicus Brief to United States Supreme Court in Support of Women’s Reproductive Rights

Assemblyman Fred W. Thiele, Jr. today announced that he signed onto an amicus brief to the United States Supreme Court with fellow state legislators in advance of Dobbs v. Jackson Women’s Health being heard by the nation’s highest Court at some point during the fall. This case is highly significant for the future of women’s reproductive rights in the United States, as it poses a direct challenge to Roe v. Wade, and a women’s right to choose.

The case of Dobbs v. Jackson Women’s Health, is a pending U.S. Supreme Court case dealing with the constitutionality of a 2018 Mississippi state law that banned abortion operations after the first fifteen (15) weeks of pregnancy. The lawmakers’ brief argues that “[t]he true, and often overt, intent behind pretextual laws like those passed in Mississippi, Louisiana and Texas, is to severely restrict, and ultimately eliminate, access to legal abortion under the guise of protecting life. While passing unconstitutional bans and regulations on abortion, these States provide minimal or no support for women and their families once children are born, and actively work to undercut access to education, contraception, and healthcare for women more generally.”[1]

As mentioned in the brief, “Amici curiae are State Legislators throughout the nation who are bound to protect and adhere to the United States Constitution, and who share a concern for the continued vitality and advancement of constitutional protections of individual rights.”[2] Further, the brief notes that “[t]he constitutional precepts which State Legislators must protect include the principles enunciated by this Court, as firmly encompassed by the right to privacy, that a woman has the right to decide to terminate a pre-viability pregnancy without undue governmental interference. Accordingly, amici defend the principles recognized by this Court in Roe v. Wade.”[3]

Earlier this week, in response to anti-abortion laws across the country, Governor Hochul announced several measures to strengthen abortion rights in New York State.[4] As part of these efforts, the Governor is directing State agencies to coordinate a statewide public information campaign, including the development of a patient bill of rights, in coordination with stakeholders which will help women know their rights and legal protections and ensure this information is accessible and widely available. The Governor also directed the Department of Health to take immediate action and develop guidance to clarify the full scope of individual provider discretion under the Reproductive Health Act, and the definition of the term “commencement of pregnancy” as it relates to abortion care. This guidance document will ultimately be shared with all New York State clinical providers able to perform abortions in New York State. Lastly, the Governor directed the Department of Health to enact regulatory updates including to allow a provision of services via telehealth. This will ensure that abortion care is more easily accessed during telehealth visits.

Assemblyman Thiele stated, “I commend Governor Hochul for standing up for women and fighting for reproductive rights. I also thank the State Innovation Exchange (SiX) reproductive rights team for drafting the amicus brief and allowing me to voice my support for upholding Roe v. Wade. As a proud New Yorker and supporter of women’s reproductive rights, I will continue to fight to ensure that women in our state are protected and able to access safe abortion care. While New York has a history of ensuring that a woman’s right to choose is safeguarded and valued, the battle to sustain these Constitutional rights has been fierce across the country and we must fight to prevent the erosion of women’s rights. At the end of the day, women should be able to make their own health care decisions.”

[1] The State Innovation Exchange (SiX) State Legislator Amicus Brief

[2] Ibid.

[3] Ibid.

[4] https://www.governor.ny.gov/news/governor-hochul-announces-agenda-affirm-abortion-rights-new-york-stands-senator-gillibrand/