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Politics & Policy

The governors of Massachusetts and Minnesota issued executive orders to protect abortion providers and patients from bans in other states in the wake of the Supreme Court overturning Roe v. Wade.

Why it matters: With Roe overturned and states now able to ban or permit the procedure at any point, it's possible that lawmakers in Republican-led states may seek to prosecute women who cross state lines to seek an abortion or charge providers in other states, according to the New York Times.

No state legislature is currently considering laws that would allow them to do so, though legal experts interviewed by the Times warned that some may try.

The executive orders from Minnesota Gov. Tim Walz (D) and Massachusetts Gov. Charlie Baker (R) give the governors of their states the power to deny any extradition request from other states pursuing criminal charges against people who either received, assisted or performed reproductive health services that are legal in their states.

The orders also prevent state agencies — unless they are required by a court to do so — from assisting other states that are attempting to seek civil, criminal or professional sanctions against people who provide, seek or receive health care services, including abortions, that are legal in Minnesota and Massachusetts.

What they're saying: "This executive order will further preserve that right and protect reproductive health care providers who serve out of state residents," Baker, a moderate Republican who is retiring at the end of this year, said in a statement Friday. 

“I am deeply disappointed in today’s decision by the Supreme Court which will have major consequences for women across the country who live in states with limited access to reproductive health care services," Baker added.

“My office has been and will continue to be a firewall against legislation that would reverse reproductive freedom,” Walz said in a statement Saturday. 

“This order shows our administration’s commitment to protecting patients and health care providers. Our administration is doing everything we can to protect individuals’ right to make their own health care decisions," Walz added.

The big picture: Minnesota abortion providers are expected to see a surge in out-of-state patients, as the state is surrounded by other states that have either already banned most abortions, will likely ban abortions or will further restrict access to abortions, Axios' Torey Van Oot reports.

Currently, seven states have made most abortions illegal, but more state bans are coming. 

Meanwhile, other states have issued executive orders or have passed laws similar to Walz's and Baker's orders, including California, Washington and Oregon, Axios' Shawna Chen reports.

Justice Brett Kavanaugh, in his concurring opinion with the court's decision Friday, said he believes that the constitutional right to interstate travel will protect a person who crosses state lines to get an abortion.

Abortions are now illegal in 7 states but more bans are coming

Abortion clinics across the country close after Roe v. Wade ruling

Abortion ruling conflicts with public opinion

Massachusetts, Minnesota become safe havens for abortion

Their governors issued orders to protect abortion providers and patients from bans in other states.

Minnesota Gov. Tim Walz (L) and Massachusetts Gov. Charlie Baker (R).

Minnesota Gov. Tim Walz (left) and Massachusetts Gov. Charlie Baker. Photos: Stephen Maturen/Getty Images; Matt Stone/MediaNews Group/Boston Herald via Getty Images 

Massachusetts

For months leading up to the Supreme Court's ruling, Mike Pence's unequivocal public and private embrace of the impending Roe decision contrasted with Donald Trump's private concerns about the political risks to Republicans if abortion rights were overturned in a midterm election year.

Why this matters: Pence is preparing to challenge Trump for the Republican nomination in 2024. Abortion is one of the key policy issues on which the former vice president has sought to define himself as more unabashedly conservative than the former president.

Driving the news: On Friday, as soon as the Supreme Court announced its decision to overturn Roe v. Wade, Pence's team was ready to be first out of the gate with an instant reaction.

His organization instantly released a video celebrating the decision and Pence's role in making it happen. The video recalled Pence's history fighting against abortion, long before he became vice president. Nowhere in the video is  Trump mentioned by name.

Pence also immediately issued a statement to Breitbart News: "Today, Life Won. By overturning Roe v. Wade, the Supreme Court of the United States has given the American people a new beginning for life, and I commend the justices in the majority for having the courage of their convictions."

He called for a fight to stop abortion "in every state in the land" — an effort to entirely eradicate abortion.

Trump's initial response was strikingly different. Usually eager to claim credit for himself, he told Fox News that "God made the decision," when he was asked whether he felt he played a role in the reversal of Roe v. Wade after having appointed three conservative justices to the Supreme Court.

In the Fox News interview, Trump said the ruling "will work out for everybody."

The former president later issued a written statement in which he took credit for the decision, calling it the "biggest WIN for LIFE in a generation" and "only made possible because I delivered everything as promised..." 

Behind the scenes: These statements mask Trump's private doubts about the political implications of the ruling, according to sources with direct knowledge of the former president's private comments.

Soon after Politico published its explosive leak last month of the Supreme Court's draft decision to overturn Roe, Trump told confidants the decision could be bad for Republicans in an election year.

At least two other Trump advisers agreed with him that the decision could fire up Democrats in November, especially suburban women. The New York Times was first to report Trump's private comments.

Yes, but: Another reason for Trump's reluctance to praise the Supreme Court is because he's still bitterly angry at the conservative justices for refusing to take up his challenges to President Biden's 2020 election victory, according to a source with direct knowledge. 

Trump feels he was let down when it mattered most by the three justices he appointed.

Trump also privately said that if he took a victory lap after the leak and before the Supreme Court finalized its decision, the justices might change their minds, the source added.

Trump is deeply cynical and suspicious of the courts in general and even of the Supreme Court, which he's defined more than any president since Ronald Reagan.

Don't forget: Trump's relationship with his former vice president has never been the same after Pence refused Trump's pressure to unlawfully block the 2020 Electoral College certification.

After the draft decision leaked, Trump said little about the impending abortion decision unless directly asked about it. When he did talk about it, he focused on criticizing the leak itself rather than celebrating or rooting for the prospect of the Supreme Court overturning a decision that has haunted conservatives for 50 years.

In an interview with the New York Times in May, Trump implausibly claimed, "I never like to take credit for anything" when asked about the central role he'd played in paving the way for the Supreme Court to overturn Roe.

Others in Trump's orbit say the decision will be good for him in a GOP presidential primary in 2024. As the president who appointed the justices who made the decision possible, he's delivered for the GOP base in a way no previous Republican president has, and he should embrace it, they argue. 

Trump sees that upside too. With his statement on Friday after the Supreme Court's decision, Trump appears to be finally heeding his advisers' counsel to embrace it.

The bottom line: Pence has never expressed reservations about the decision — political or otherwise.

While Trump favored abortion rights for most of his adult life, the former vice president has a long history of anti-abortion activism and close ties to the movement's leaders such as the president of Susan B. Anthony Pro-Life America, Marjorie Dannenfelser.

Since late last year, Pence has done numerous public events in which he's called for Roe to be overturned. He's promoted the elimination of abortion rights as one of the most important goals of the conservative movement.

Pence called for Roe to be overturned at the National Press Club. He prayed for it to be overturned in a Rock Hill, South Carolina, church. He's done so again and again — at the March for Life in January and a crisis pregnancy center in South Carolina in May. And he'll no doubt support Friday's Supreme Court decision relentlessly on the campaign trail in 2024 if he decides to run as an underdog against his former boss.

Pence draws contrast with Trump on abortion decision

Donald Trump has privately worried about the political risks to Republicans of overturning abortion rights in a midterm election year.

Illustration of Mike Pence and Donald Trump in profile facing away from each other.

Photo Illustration: Lindsey Bailey/Axios. Photo: NurPhoto, Ira L. Black - Corbis/Getty Images

Abortion

Thousands of reservists are unvaccinated as deadline nears

The military has already removed roughly 3,400 soldiers for not complying with the mandate.

A soldier watches another soldier receive his COVID-19 vaccination in Fort Knox, Kentucky. Photo: Jon Cherry/Getty Images

Department of Defense (DOD)

Defense Secretary Lloyd Austin said Friday that the Pentagon is working to ensure that members of the military, their families and its civilian employees will still have access to "reproductive health care" after the Supreme Court's decision to overturn Roe v. Wade.

Why it matters: The Defense Department currently does not have a policy to accommodate service members or employees who are seeking an abortion but are stationed in a state that has outlawed abortion, Politico reports.

Federal law currently allows military medical facilities to provide abortions only in cases of rape, incest or if a woman’s life is in danger, while the military's health program is allowed to cover abortions at private facilities for those same reasons only.

What they're saying: "Nothing is more important to me or to this Department than the health and well-being of our Service members, the civilian workforce and DOD families," Austin said in a statement on Friday.

"I am committed to taking care of our people and ensuring the readiness and resilience of our Force. The Department is examining this decision closely and evaluating our policies to ensure we continue to provide seamless access to reproductive health care as permitted by federal law," he added.

The big picture: The court's decision may further strain the military's recruitment efforts — already hampered by low employment and other factors — as potential recruits may fear being stationed in states that have banned abortions, according to Bloomberg.

Women make up around 20% of the military's 1.3 million-member active-duty force, and 95% of them are of reproductive age, according to Stars and Stripes citing department statistics.

Go deeper ... DHS memo: Violent extremism "likely" in wake of Roe v. Wade decision

Defense Department to keep access to "reproductive health care" after Roe v. Wade's end

Women make up around 20% of the military's 1.3 million-member active-duty force.

Defense Secretary Lloyd Austin speaking during a press conference at a NATO meeting in Brussels on June 16.

Defense Secretary Lloyd Austin in Brussels on June 16. Photo: Dursun Aydemir/Anadolu Agency via Getty Images

California Gov. Gavin Newsom (D) on Friday signed into law a bill to protect abortion providers and patients from bans, lawsuits and penalties in other states.

Driving the news: The measure is in response to laws like those in Texas and Oklahoma, which ban most abortions at early points in the pregnancy and encourage private citizens to sue those believed to be involved in obtaining an abortion.

It also comes following the Supreme Court's ruling overturning on Roe v. Wade.

The bill explicitly says that other state abortion laws enforced by civil action are "contrary to the public policy" of California.

Details: AB 1666 bars California state courts from hearing legal cases that were filed under other states' bans and "would prohibit the enforcement or satisfaction of a civil judgment received under that law."

"It puts up a legal shield for our doctors, providers and patients against attacks from the radical-right extremists who seek to strip women of their fundamental right," said California state Assemblymember Rebecca Bauer-Kahan, who introduced the bill.

What he's saying: "We will not cooperate with any states that attempt to prosecute women or doctors for receiving or providing reproductive care," Newsom said in a tweet.

Between the lines: Without Roe, the number of women traveling from other states to California for abortion care is expected to increase from 46,000 to 1.4 million, according to the Guttmacher Institute, a research organization that supports abortion rights.

As a result, state officials want to protect California providers who give care to patients coming from red states that might potentially look to prosecute them, said Molly Robson, legislative director for Planned Parenthood Affiliates of California.

Newsom, along with Oregon Gov. Kate Brown (D) and Washington Gov. Jay Inslee (D), launched a "West Coast offense" to protect reproductive rights in their states now that Roe is gone.

Catch up fast: California's bill follows a similar one enacted in Connecticut, which also prohibits state courts from enforcing a different state’s penalties against someone who has provided an abortion that is considered legal in the state.

New York Gov. Kathy Hochul (D) in mid-June signed into law several protective abortion measures, including three that are meant to protect providers and patients from bans in other states.

Washington Gov. Jay Inslee (D) in March signed into law a bill that says that no state resident can "penalize, prosecute, or otherwise take adverse action" against a pregnant person, a provider or anyone who is "aiding or assisting" someone getting an abortion.

The big picture: Blue states are moving to protect abortion rights as red states continue to enact restrictive laws.

What we're watching: State lawmakers in New Jersey, where abortion rights are also protected under the law, have introduced legislation in response to civil lawsuit-enforced bans.

One of the bills being introduced in New Jersey would prohibit "extradition of an individual to another state if conduct relates to reproductive health services and is legal" in the state, said the bill's author, state Sen. Nia Gill (D).

Don't forget: California is already one of the 16 states that have codified abortion rights into their state laws.

Go deeper: Where abortion access is guaranteed without Roe v. Wade

California enacts bill to "shield" abortion providers and patients from state bans

The bill takes effect immediately after being signed by the California governor.

Picture of people holding signs in support of abortion rights

Photo: Qian Weizhong/VCG via Getty Images

California

The U.S. faces a range of health care flashpoints — unaffordable drugs, opioids, vaping — as we debate whether to adopt universal care. For now, the Affordable Care Act is the law of the land, but Republicans want to issue it a final death blow.

Health

The Supreme Court went against the prevailing public opinion on abortion rights when it overturned Roe v. Wade Friday.

Driving the news: After a leaked draft opinion showed the court was planning to overturn Roe, three in five Americans said abortion should be legal always or most of the time, per an NBC News poll.

That's the strongest support for abortion rights in NBC polling since 2003.

What they’re saying: In his majority opinion, Justice Samuel Alito rejected the idea that the court should even consider the public’s response when determining its position on a case. 

“We do not pretend to know how our political system or society will respond to today’s decision overruling Roe and Casey,” Alito wrote. “And even if we could foresee what will happen, we would have no authority to let that knowledge influence our decision.”

Alito's opinion also cited a past chief justice of the court, William Rehnquist. “The Judicial Branch derives its legitimacy, not from following public opinion, but from deciding by its best lights," Alito wrote.

Reality check: Dashing its precedents and chipping away at popular rights and laws could accelerate already sinking public opinion of the court, a trend that has accelerated in recent years.

The number of Americans who look favorably at the court is declining, largely due to a sharp drop in approval among Democrats, per a Pew Research Center poll conducted earlier this year. It found approval of the court fell 16 points, from 70% in August 2020 to 54% in January. 

Just shy of half of respondents said they held an unfavorable view of the court.

Polling shows America in the middle on abortion

Where abortion will be illegal with Roe v. Wade overturned

A record percentage of Americans said in a recent poll that abortion should be legal.

A demonstrator holds a sign outside of the Supreme Court building

Abortion rights demonstrators gather outside the U.S. Supreme Court in Washington on June 24. Photo: Yasin Ozturk/Anadolu Agency via Getty Images

Roe v. Wade

President Biden signed the most significant federal gun legislation in nearly three decades on Saturday after it received bipartisan support in Congress earlier this week.

Why it matters: The bill is now law, coming in response to multiple mass shootings last month, including one at an elementary school in Uvalde, Texas in which 19 children and two teachers were killed and another in which 10 were killed at a supermarket in Buffalo, New York. 

The law includes enhanced background checks for those under 21, funding for mental health and school safety, incentives for states to implement "red flag" laws and limits on the "boyfriend loophole." 

What they're saying: "While this bill doesn't do everything that I want, it does include actions I've long called for that are going to save lives," Biden said.

"It funds crisis intervention, including red flag laws. It keeps guns out of the hands of people who are a danger to themselves and to others. And it finally closes what is known as the 'boyfriend loophole,' so that if you assault your boyfriend or girlfriend you can't buy a gun or own a gun," he added.

"It requires young people, age 18 to 21, to undergo enhanced background checks, and includes the first-ever federal law that makes gun trafficking and straw purchases distinct federal crimes."

"I want to thank the leaders and members of the House and Senate for working together to get this done."

Go deeper: What the Senate's bipartisan gun deal would change

Biden signs bipartisan gun safety bill into law

It's the most significant federal gun legislation in nearly three decades.

President Biden speaking from the White House on June 24.

President Biden speaking in the White House on June 24. Photo: Demetrius Freeman/The Washington Post via Getty Images

Gun control

Abortion groups that give financial and logistical support to people seeking abortions have received millions of dollars in new donations after the Supreme Court overturned Roe v. Wade on Friday, according to the New York Times.

By the numbers: The managing director of the National Network of Abortion Funds, which has 97 member organizations, told the Times it has received more than $3 million from about 33,000 new donations since the court's ruling.

The fund had received around $1.5 million in donations in the week after the leaked opinion published by Politico in early May, which showed that the court was poised to overturn Roe v. Wade.

What they're saying: Debasri Ghosh, managing director of the National Network of Abortion Funds, told the Times that the network did not seek out these donations but called them "an incredible outpouring of support."

Ghosh said the network had received so many donations that the organization's website briefly crashed on Friday morning.

Abortion pill online orders expected to grow post Roe

Donations to abortion funds surge

Millions of dollars have been donated since Friday's decision.

Abortion rights activists outside of the Supreme Court in Washington, D.C., on June 24.

Abortion rights activists outside of the Supreme Court in Washington on June 24. Photo: Valerie Plesch/Bloomberg via Getty Images 

Rep. Ro Khanna (D-Calif.) will call on President Biden to support term limits for Supreme Court justices during a Saturday speech to the Nevada State Democratic Party Convention, Khanna tells Axios. 

Why it matters: The prominent progressive's response to the court's 5-4 ruling overturning Roe v. Wade is expected to be followed by more calls from Democratic elected officials and activists for reforms to the court. Expanding the number of justices or restricting the court’s jurisdiction are other proposals under discussion.

What we're watching: "Today’s majority is not comprised of impartial justices,"  Khanna will tell the gathering in Reno, according to prepared remarks reviewed by Axios. "They are far-right activist justices." 

"Nine unelected, elite lawyers with fancy degrees do not have the final word on interpreting the Constitution. ... The American people get to decide what the Constitution means. In a democracy, we the people get to decide what are fundamental rights and freedoms."

The details: Khanna last year reintroduced a bill that would establish 18-year term limits on Supreme Court justices approved after his bill’s passage. Co-sponsors include Rep. Katie Porter (D-Calif.) and Rep. Rashida Tlaib (D-Mich.).

The big picture: President Biden’s Supreme Court commission has shown strong interest in imposing terms limits on justices, though President Biden has not weighed in after the final report was released. 

“Among the world’s democracies, at least 27 have term limits for their constitutional courts. And those that do not have term limits, such as the Supreme Court of the United Kingdom, typically impose age limits," the commission wrote in discussion materials. 

How we got here: The debate over whether to seek fundamental changes to the Supreme Court picked up when Republicans blocked former President Obama’s nominee in 2016 and gained momentum after former President Trump named three justices to the court — all of whom ruled Friday in favor of ending Roe.

First Look: Ro Khanna to push Biden to back SCOTUS term limits

Watch for more calls from Democratic elected officials and activists seeking reforms to the Supreme Court.

Rep. Ro Khanna (D-CA) speaks at an “End Fossil Fuel” rally near the U.S. Capitol on June 29, 2021 in Washington, DC

Rep. Ro Khanna (D-Calif.) speaks at a rally near the U.S. Capitol on June 29, 2021. Photo: Anna Moneymaker/Getty Images

Google search interest for "how to move to Canada from U.S."

Data: Google Trends; Chart: Axios Visuals

Google searches for “how to move to Canada from U.S.” surged on Friday following the U.S. Supreme Court decision overturning Roe v. Wade, according to Google Trends data.

Why it matters: Abortion is legal at all stages of pregnancy in Canada. 

Canadian Prime Minister Justin Trudeau called the news of the decision in the U.S. “horrific,” saying, “No government, politician or man should tell a woman what she can and cannot do with her body.”

Search interest in moving to Canada had already spiked at the end of last month. The last time that search reached or surpassed that level was around the last presidential election, in the first week of November 2020.

By the numbers: The search “how to move to Canada from U.S.” spiked 850% in the hour after the Supreme Court decision was announced in the U.S., according to Simon Rogers’ Google Trends newsletter sent Friday evening. 

“How to become a Canadian citizen” spiked 550% in the same time frame. 

“Roe v. Wade” became the top trending topic on Google yesterday, with D.C. as the top subregion for Roe v. Wade searches.

Massachusetts and Pennsylvania came in second and third. 

After the ruling: Americans ask Google how to move to Canada

Abortion is legal at all stages of pregnancy in Canada.

China is becoming the most formidable rival America has faced, and the risk of confrontation with Russia, North Korea or Iran still looms. Authoritarians are rising, the chaotic Afghanistan exit revealed the limits of U.S. power, and the pandemic, climate change and other critical challenges continue to pose grave threats.

World

The Supreme Court's decision to overturn Roe v. Wade on Friday and send the question of abortion rights back to the states kickstarted a period of legal uncertainty that effectively halted abortion access across some red states.

Why it matters: For many Americans, especially those residing in the bluest parts of red states, abortions might not technically become illegal for a few more weeks — but they've instantly become almost impossible to obtain.

In Texas, Attorney General Ken Paxton confirmed that the state's "trigger" law will come into effect a month after the Supreme Court's official judgment, but noted that "some prosecutors may choose to immediately pursue criminal prosecutions based on violations of Texas abortion prohibitions predating Roe that were never repealed by the Texas Legislature."

That led Whole Woman's Health, America's largest independent abortion provider, to choose to stop abortions at its four clinics in the state, per the Texas Tribune.

In Tennessee, which also has a "trigger" law, Attorney General Herbert Slatery asked the 6th Circuit Court of Appeals to immediately end a stay on the state's separate 2020 law that would outlaw abortions after 6 weeks — a move that would effectively criminalize the procedure in most instances.

Planned Parenthood of Tennessee and North Mississippi told WPLN in a statement that it expects the stay to be lifted and has stopped offering abortions in the state as a result.

The other side: Blue cities in these states are discussing implementing policies of their own in an attempt to offer their citizens some level of abortion access, which Axios' Oriana Gonzalez previewed earlier this month.

In Austin, city council members Chito Vela and Vanessa Fuentes called for a special meeting to decriminalize abortion, part of a measure that would make enforcing Texas’ abortion ban of the lowest priority for Austin police. The move also would restrict the use of city funds and staff for investigations into abortions.

A spokesperson for Vela’s office previously told Axios that his office has been in contact with lawmakers in several other cities, including Dallas, San Antonio and Houston, who are interested in advancing similar measures.

Nashville Councilmember Freddie O'Connell tells Axios he is studying how the city could create an abortion access fund to provide ways for city residents to legally get abortions in other states. The city's district attorney has also said he won't prosecute abortions, although state law allows for a special prosecutor on certain charges.

The bottom line: More than anywhere else in America, residents of cities like Austin and Nashville will face the biggest shock from the Supreme Court's decision — with their immediate access to abortion cut off almost overnight.

Axios' Nicole Cobler, Nate Rau and Adam Tamburin contributed to this story.

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Post-Roe legal turmoil hits hardest for blue cities in red America

Cities like Austin and Nashville faced the biggest shock from the decision.

Illustration of a small blue megaphone against a red background.

For the first time, more than 60 Asian American and multicultural groups will convene on Saturday in Washington, D.C., for a Unity March focused on addressing equity and safety for marginalized communities.

Why it matters: Spearheaded by AAPI leaders, the march is a reminder that Asian Americans have never been silent despite continued struggles with rising hate crimes and suspicions of disloyalty.

Driving the news: The march, which is expected to draw thousands of people, aims to raise awareness about and explore solutions for the United States' failures in combating persistent violence, racism and xenophobia. 

Its three pillars are "full participation in democracy, racial and economic justice, and cultural equity and media representation," said Kiran Kaur Gill, SALDEF's executive director.

Speakers include civil rights leader Rev. Al Sharpton, journalist and activist Jose Antonio Vargas and model and LGBTQ activist Geena Rocero. 

What they're saying: Christine Chen, executive director of APIAVote, told Axios now is the moment to show not only "the history of how AAPIs have been involved with civil rights and advocacy with other communities of color, but then also how people can get involved moving forward" to help address systemic issues that "have been going on for a long, long time."

The big picture: Though Asian American leadership in demonstrations like the Unity March has historically been overlooked, activism has long played a role in the Asian American story.

 San Francisco-born Wong Kim Ark fought his case all the way to the Supreme Court after he was denied re-entry to the U.S. Local officials had hoped the case would deny U.S. citizenship to Chinese residents, but the Supreme Court ruled in Wong's favor in 1898, guaranteeing citizenship to Wong and any other person born on U.S. soil.

In the late 1960s, Asian American students in the Bay Area formed the Third World Liberation Front with Black and Latino students, holding a five-month-long student strike at San Francisco State College. It was the longest such strike in U.S. history and ultimately established the nation’s first College of Ethnic Studies. 

Asian American-led Unity March a reminder of community’s history of activism

The march aims to raise awareness about the United States' failures in combating persistent violence, racism and xenophobia.

Saturday's politics & policy stories