Introduced by Assembly Member Bauer-Kahan
Simply put, the Commerce Clause of the U.S. Constitution requires each state to recognize the laws and enforce the judicial proceedings of every other state. This bill would shield healthcare providers who reside in California or have property in California from any civil liability resulting from their failure to practice medicine in other states according to those states' laws, but only for abortion services. This could include negligence and telemedicine. Texas and other states have recently passed laws allowing for individuals to bring civil suit against providers or those who assist in abortions past the time a heartbeat can be detected. This bill attempts to negate those laws by providing immunity, contrary to the Commerce Clause Full Faith and Credit section.
POSTED: June 7, 2022
STATUS: Senate Judiciary Committee
THOUGHTS FOR CONSIDERATION:
· Do we want California to provide a safe haven for those who have taken the life of one or more unborn babies in an abortion deemed illegal in another state?
· Our nation provides for the consistent enforcement of judicial acts based on the constitutional requirement that every state, as part of a single nation, give a certain measure of respect to every other. Would this bill set a bad precedent in other areas?