Golden State Today

California's Attorney General, Rob Bonta, has taken a stance alongside 20 other attorneys general against Tennessee's controversial "abortion trafficking" law. The coalition has filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit, aiming to support a legal challenge against the law. They argue that the measure could hinder the free flow of information related to abortion services and threaten access within their states.

Attorney General Bonta commented on the situation, stating, "Tennessee’s abortion laws are among the most restrictive in the nation. There are no exceptions for victims of rape or incest, despite the overwhelming support for those exceptions among Democrats and Republicans alike." He further emphasized the coalition's unified stance, saying, "We will not be bullied by Tennessee or any other state."

The Tennessee statute, in effect since July 1, 2024, targets individuals who facilitate abortions for minors, even if the procedure occurs legally outside the state. The law imposes criminal and civil penalties on these individuals. The plaintiffs in Welty v. Dunaway successfully secured a federal court injunction blocking its enforcement. This decision is currently under appeal in the Sixth Circuit.

Highlighting the broader implications, the amicus brief notes that restrictive laws in Tennessee and other states have led to an increase in interstate travel for abortion services, which has nearly doubled since 2020. It also warns of the potential chilling effect on individuals and organizations that provide information about lawful abortion care, especially due to threats of legal penalties.

Attorney General Bonta, alongside his peers, insists on the necessity to maintain open communication regarding legal abortion services to prevent increased health risks. The brief also reiterates that states cannot prevent residents from seeking legal abortions elsewhere, nor from exchanging information about such services.

Previously, Attorney General Bonta engaged in similar actions against Idaho's comparable law in the case of Matsumoto v. Labrador, joining multistate amicus briefs at district and appellate court levels in 2023 and 2024, respectively.

The coalition supporting this legal challenge includes the attorneys general from states like Arizona, Colorado, Connecticut, and others, as well as representatives from the District of Columbia.