New York's Abortion Laws Aren't as Strong as You Might Think

With the news that U.S. Supreme Court Justice Anthony Kennedy plans to retire at the end of the month, advocates for reproductive rights have quickly moved to make Roe v. Wade a campaign issue in November. Many leading Democrats in New York, from Gov. Andrew Cuomo to Mayor Bill de Blasio, have been quick to call for shoring up abortion rights on the state level—where laws haven't been changed since 1970, three years before Roe was decided.

As much as New York leaders talk up the state's progressive politics, abortion in New York is still governed by a pre-Roe statute in the penal code. At the time, state lawmakers legalized abortion up to 24 weeks into pregnancy, and only allowed for exceptions after "when necessary to save a life." That means that doctors could be charged with a felony for performing abortions after 24 weeks if the mother's life is not in danger.

"There are women in New York today who have to leave the state if they need abortions later in pregnancy," Andrea Miller, president of National Institute for Reproductive Health, told WNYC host Jami Floyd. "The law means because some health care providers may not want to risk the potential running afoul of a state law that criminalizes that behavior, even with Roe v. Wade in place."

For the full conversation, press the listen button.