If the U.S. Supreme Court, in the coming weeks, ultimately overturns the 1973 Roe v. Wade ruling, abortion will still remain legal in Delaware.
And access to care could be expanded in the coming months.
Politico published on Monday night a draft of a Supreme Court opinion, which shows the court considering a decision to overturn the landmark ruling.
If the court does make this decision, it will have long-lasting implications for people’s access to safe and legal abortions in the United States. It is also a stunning moment for the country’s highest court, as a leak of this magnitude is unprecedented.
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If Roe v. Wade is overturned, what happens in Delaware?
In Delaware, abortion access is safe. In 2017, the General Assembly passed a law that asserted Roe v. Wade protections even if the federal case is overturned.
The state has also recently expanded access by passing a bill last month that allows more health care providers to prescribe medication to terminate pregnancies.
The legislation, which is awaiting Gov. John Carney’s signature, would allow physician assistants and advanced practice registered nurses to prescribe medication used for abortions.
Though abortions will remain legal in Delaware, it doesn’t mean they are accessible to all residents.
Just after Planned Parenthood opened a location in Seaford, its first location in western Sussex County, city council there approved in a 3-2 vote in December 2021 that requires the burial or cremation of fetal remains from abortions performed or from miscarriages that occur in the city.
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It prompted the Delaware Department of Justice to sue one of its own municipalities, a rarity in the state’s history.
Supporters of this local legislation say this policy is about the “dignified disposal” of fetal remains, but opponents argue that it will further stigmatize those seeking abortions.
It also adds, opponents argue, an administrative and financial burden on medical facilities that provide abortion services or care related to miscarriages.
The lawsuit claims that the ordinance is part of a nationwide movement to “make it more difficult and costly for pregnant persons to be able to receive lawful reproductive healthcare services, and more difficult for healthcare providers to provide those services,” that argument is not the main reason behind the attorney general’s action.
Instead, the state explains in the suit how it believes Seaford’s legislation is preempted by state law.
Attorneys for the Department of Justice say Delaware has already enacted laws and regulations for medical services; the treatment of human remains and medical waste, including fetal remains; and the reporting of pregnancy terminations.
Contact Meredith Newman at (302) 256-2466 or at mnewman@delawareonline.com. Follow her on Twitter at @MereNewman.
