New bill aims to help Arizonans get abortion care in California

California Gov. Gavin Newsom and lawmakers are busy working this week to stitch together the language of a bill that would provide a pathway for Arizona abortion providers who serve Arizona clients in California.

The bill would be another foray by the governor in a series of reproductive health measures that he has signed into law -- with Democrats in the majority in both houses -- to cement the Golden State’s image as a sanctuary for women to freely exercise their right to choose.

A new bill would extend the streak of abortion-related bills in the last few years, positioning California as a bulwark for reproductive rights against red states, several of which are further tightening restrictions since the US Supreme Court overturned Roe v. Wade.

Newsom is putting his stamp on the upcoming legislation expected to drop this week. With it, the governor continues to thrust himself on the forefront of national issues, taking progressive positions on hot-button topics, especially abortion, sending a continuous stream of messaging to voters on where he stands. Polls have shown a majority of Americans, including those in states with strict abortion limits, say abortion should be legal with some restrictions.

New bill expected

Since the deadline for introducing new bills for the 2023-24 session of the California Legislature passed in February, the language of what the governor would like lawmakers to consider and approve will have to be woven as an amendment into an existing bill currently winding its way through the legislative process.

In an interview on national television over the weekend, Newsom revealed that he was working with lawmakers to move swiftly on legislation to counter the Arizona Supreme Court’s recent decision upholding a 160-year-old abortion ban.

Following the court’s ruling, Arizona Attorney General Kris Mayes, a Democrat, called it “unconscionable and an affront to freedom,” saying in a statement that “as long as I am Attorney General, no woman or doctor will be prosecuted under this draconian law in this state.”

Newsom wants to help.

He is focused on “providing doctors from Arizona the ability to come into California through emergency legislation we’ll introduce with our Women’s Caucus this week,” the governor said in his televised weekend interview.

While the language of the law is being hammered out, Newsom’s spokesperson Brandon Richards said in a statement: “Arizona AG Kris Mayes identified a need to expedite the ability for Arizona abortion providers to continue to provide care to Arizonans as a way to support patients in their state seeking abortion care in California. We are responding to this call and will have more details to share in the coming days.”

State Sen. Nancy Skinner, chair of the California Legislative Women’s Caucus, is working with the governor’s office to fine tune the language of the bill with an announcement likely expected later this week, her spokesperson Bob Gammon said. Skinner would then be able to comment on the pending legislation.

Without the precise language of the bill, it is difficult to say whether the legislation, if introduced and approved, would be the first in the nation allowing doctors from out of state to provide abortion care in California.

“It’s hard to say until we see the details of this policy, but the bottom line is that no one should be forced to leave their state of residence for an abortion, and doing so is far from easy,” Candace Gibson, director of state policy for the Guttmacher Institute, a research and policy organization advancing sexual and reproductive health and rights, said in an email via the institute’s communications office.

Gibson clarified that Arizona already has a 15-week ban in effect, “on top of numerous other restrictions that already make it extremely difficult to get care within that time. So the status quo also denies people access to care, and it’s possible that with the already restrictive environment in Arizona, abortion seekers were already forced to travel out-of-state to access care in states like New Mexico, California, or Colorado.”

In 2023, around 1,000 people obtained abortion care every month in Arizona through the formal health care system, Gibson noted, adding that “it’s hard to quantify exactly how many people would need to travel out-of-state for care … People who are denied abortion care in their state may choose to self-manage, even though that may not be their preferred option, take on the enormous logistical and financial burden of traveling, or carry an unwanted pregnancy to term.”

Republicans want focus to be on California

James Gallagher, Republican leader of the California Assembly, called Newsom’s appearance on national television a “distraction from the dismal state of health care right here in the state.”

“We’re seeing there’s a lack of primary care in California, hospitals are on the verge of closing down, and people are not able to get access in many parts and Gavin Newsom is talking about Arizona. Arizona needs to handle its own problems and Gavin Newsom needs to focus on California’s problems of which there are many,” Gallagher said.

Gallagher said he understands that elected officials in Arizona are going to work in a bipartisan way to counter that state’s recent Supreme Court’s decision and “change the antiquated law.”

“And here are our politicians in California talking about trying to provide for Arizona doctors and women in Arizona,” Gallagher said. “To me their priorities are misplaced. There are a lot of women in California who don’t have and aren’t able to get prenatal care.”