Senate Judiciary Committee Considers Three Bills on Abortion Rights

Today, the Senate Judiciary Committee held executive sessions on three bills to protect and expand abortion rights in New Hampshire. The Committee voted on party lines, 3-2, in opposition to CACR 24 and SB 575. The committee voted 3-2 to amend SB 567 to a study committee. These three bills now go to the full Senate for a vote. There is a fourth bill regarding reproductive rights, SB 461, but a vote was not taken. 

The committee votes came just a few weeks following the U.S. Supreme Court’s announcement to take up a case regarding mifepristone, the first of two drugs used in medication abortion, which could drastically impact access to this medication nationwide. This medication is used exclusively early in pregnancy (before 11 weeks, or 77 days after a patient’s last missed period). In the 20 years since approved by the FDA, mifepristone has been used by more than five million people in the U.S. and is used in over half of all abortions in the United States. At Planned Parenthood of Northern New England (PPNNE), which has health centers in Maine, New Hampshire, and Vermont, about 70% of abortion patients choose medication abortion. 

Since Roe v. Wade was overturned in June 2022, the state of New Hampshire has failed to protect Granite Staters’ abortion rights, despite having multiple opportunities. 

After the executive session, Kayla Montgomery, Vice President for Public Affairs at Planned Parenthood of Northern New England and Planned Parenthood New Hampshire Action Fund, released the following statement:

“While we are disappointed by the Senate Judiciary Committee votes, we remain hopeful that the full Senate will act to protect and expand Granite Staters’ right to safe, legal abortion and ensure our state’s trusted providers are not penalized for providing appropriate, compassionate care.

Since Roe v. Wade was overturned, Granite Staters have made it clear that they want abortion protected in New Hampshire. Those calls for action have surged after the United States Supreme Court announced they would take up a case that could roll back access to medication abortion nationwide. The majority of Granite Staters agree - everyone should have the right to make personal, private health care decisions in consultation with their medical providers, not politicians. It’s time for our state laws to reflect the will of the people.”

Background on the legislation considered today:

CACR 24 would amend the New Hampshire Constitution to enshrine the right to reproductive freedom, recognizing that individuals have the right to make decisions about their own bodies and reproductive choices. 

• New Hampshire has a long, bipartisan history of supporting privacy when it comes to personal medical decisions. CACR 24 also acknowledges that personal reproductive choices play a pivotal role in determining one's life course.
• Where Granite Staters stand: Support: 785 | Oppose: 460

SB 575 provides protection for reproductive health care services, including for patients traveling to New Hampshire from states where abortion is restricted or banned. 

• This bill ensures individuals have access to essential care in New Hampshire without fear of retribution from their own home state. 
• Specifically, this bill prioritizes patient confidentiality by restricting the sharing of information related to reproductive health care services with out-of-state agencies, departments, or individuals without patient consent or a valid court-issued search warrant.
• Where Granite Staters stand: Support: 697| Oppose: 210

SB 567 highlights and emphasizes the importance of access to medication abortion in New Hampshire, specifically mifepristone. 

• In December, the U.S. Supreme Court announced that it will consider a court challenge to the Federal Drug Administration's approval of mifepristone. Mifepristone is safe, effective, and has been used by more than five million people in the United States since the FDA approved it more than 20 years ago.
• Mifepristone has helped ensure that patients are able to make their own private medical decisions and has expanded access to reproductive health care —something that is under dire threat in this country. In New Hampshire, medication abortion has helped people in rural areas with little access to care and people who can't travel or take time away from work, safely access abortion.
• Oral arguments in this case will be on March 26.
• Where Granite Staters stand: Support: 693 | Oppose: 214

Additional background about the mifepristone case at the U.S. Supreme Court:

A group of anti-abortion activists and organizations sued the U.S. Food and Drug Administration (FDA) over its approval of mifepristone, one of two medications most commonly used in medication abortion in the United States. In the case that originated in Texas, Alliance for Hippocratic Medicine et al v. U.S. Food and Drug Administration et al, the plaintiffs asked the court to order the FDA to rescind its approval of mifepristone from more than 20 years ago, in order to remove it from the market. On April 21st, the Supreme Court of the United States granted the stay requested by the Department of Justice (DOJ) and Danco in Alliance for Hippocratic Medicine et al v. U.S. Food and Drug Administration et al. allowing mifepristone’s FDA approval to remain unchanged as the case proceeds through the Fifth Circuit Court of Appeals and the Supreme Court. This case will now be heard at the Supreme Court. Oral arguments are scheduled for March 26^th.

Recent polling related to reproductive rights and abortion access: 

• By a 20-point margin, likely voters think that medication abortion should be provided by mail and that the U.S. government should continue to allow telemedicine for abortion.
• 54% of Republican 2024 primary voters in NH believe that abortion should be legal in all or most cases.
• A survey from Breakthrough Campaigns conducted on behalf of Amplify NH shows that a supermajority of Granite Staters - 87% - support reproductive freedom and 64% of Granite Staters expect state elected officials to protect or expand abortion access in New Hampshire. Just 11% of Granite Staters want more abortion restrictions in the state.
• In a 50-state survey, PRRI found most Americans oppose abortion ban policies; 69% of Granite Staters believe abortion should be legal in all or most cases.
• August 2022 polling by the Saint Anselm College Survey Center shows that support for abortion rights in New Hampshire is at a historic high and nearly 6 in 10 voters disapproved of the overturning of Roe v. Wade on June 24, 2022.
• Polling released in July 2021 from the UNH Survey Center shows that New Hampshire’s abortion ban is deeply unpopular, with only one-third of Granite Staters in support of it. Nearly half of independent Granite Staters oppose this ban, as do 27 percent of Republicans.
• The truth is, most Granite Staters and most Americans support access to safe, legal abortion. If someone has decided to have an abortion, more than 8 in 10 respondents want the experience to be supportive and nonjudgmental, without added burdens or protesters, affordable and safe.

For more information on the proposed legislation or to connect with a Planned Parenthood Northern New England spokesperson, contact [email protected] or (603) 715-4321.

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Planned Parenthood New Hampshire Action Fund (PPNHAF) is an independent, nonpartisan, not-for-profit organization formed as the advocacy and political arm of Planned Parenthood of Northern New England in New Hampshire. The Action Fund engages in educational and electoral activity, including voter education, grassroots organizing, and legislative advocacy.

Planned Parenthood of Northern New England (PPNNE) is the largest provider of reproductive and sexual health care across the State of New Hampshire. We serve New Hampshire residents through 5 health centers in Derry, Exeter, Keene, Manchester and White River Junction, VT. Last fiscal year we saw more than 11,000 patients at these sites. PPNNE was named a 2021 Guardian of Excellence Award^® winner by Press Ganey, the national leader in health care consumer and workforce engagement. Press Ganey recognizes PPNNE as a top-performing health care organization, achieving the 95th percentile or above for performance in patient experience.