Roe reversal looms over Albany special session

From: POLITICO New York Playbook PM - Friday Jun 24,2022 07:54 pm

Jun 24, 2022

A stalled push to enshrine pregnancy protections in the state constitution could get another shot after the U.S. Supreme Court’s Friday ruling striking down its landmark Roe v. Wade decision drew swift criticism from New York’s Democratic leaders who vowed to ensure the Empire State remains a “safe harbor” for all abortion seekers.

The 5-4 decision in Dobbs v. Jackson Women’s Health Organization is not expected to have a major effect on abortion access in New York. The state codified protections under Roe in 2019 and enacted legislation earlier this month to bolster protections for abortion providers and patients. But it puts new pressure on Albany lawmakers to enshrine abortion rights in the state’s constitution — the one major abortion-related proposal that failed to move in the 2022 session.

For weeks, abortion rights advocates have called on lawmakers to return to Albany for a special session to pass a state-level equal rights amendment, which would add pregnancy and pregnancy outcomes to a list of classes protected from discrimination. Those calls intensified in wake of Friday’s ruling.

“For New York to be a leader and an abortion access state, Albany leadership must convene a special session to pass constitutional protections through an Equality Amendment,” New York Civil Liberties Union Executive Director Donna Lieberman said in a statement. “Failing to pass these critical measures this summer is unconscionable — we must protect abortion care and ensure that anyone needing care can get it right here in New York.”

For their part, lawmakers are already expected to return to Albany this summer. Gov. Kathy Hochul vowed Thursday to quickly call state lawmakers back into session to pass new legislation in response to another Supreme Court ruling, which struck down a strict New York gun law.

Hochul called the decision undoing Roe “repulsive at every level” and pledged Friday to “continue to protect” abortion access in New York. But she did not specifically comment on a constitutional amendment.

“We saw this decision coming. We took preemptive measures,” she told reporters.

Justin Flagg, a spokesperson for state Sen. Liz Krueger, a Manhattan Democrat and sponsor of one equal rights amendment proposals circulating in Albany, confirmed “there are discussions happening about the possibility of moving the constitutional amendment.”

Another legislative source also told POLITICO that discussions about taking up the constitutional amendment in a special session are happening “very tangentially.” But “nothing solid” has yet been worked out.

“I don’t see it happening this special [session],” they said.

Rebecca Seawright, a Manhattan Democrat and Assembly sponsor of the Equality Amendment, said in a Friday statement that she’s working with her “colleagues in the Legislature to enshrine the right to abortion into the New York State Constitution.”

The push to pass an equal rights amendment — which would trigger a multiyear process to amend the state’s constitution — has stalled for years in Albany amid debate among Democrats over an amendment’s final language: Specifically, whether it should include a person’s “creed or religion” among its protections from discrimination.

After POLITICO first reported on a draft opinion suggesting that the Supreme Court would strike down Roe, New York Democrats pledged to pass a series of new abortion protections, reviving hopes of finally passing a constitutional amendment. But those talks again broke down at the end of the 2022 session. At an impasse, lawmakers went home in early June.

Legislators have until early August — three months before Election Day — to pass a constitutional amendment. Failure to move it by then would mean the issue would not go before voters until at least 2025. Constitutional amendments need to pass two separately elected legislatures before being brought to voters as a referendum.

IT’S FRIDAY: We made it through another week! New York Playbook PM heads into the final days before New York’s primaries for governor and state Assembly on Tuesday. Stay with us as we keep you updated on the latest New York news from the campaign trail, in Albany and from City Hall. Summer is here, and the news keeps heating up! Stay frosty, and we’ll see you Monday.

From the Capitol

SESSION REPRISE: Hochul and legislative leaders are looking to call lawmakers back to Albany as early as Thursday or Friday of next week to address yesterday’s Supreme Court ruling striking down a strict New York concealed carry law, according to a source familiar with the talks. The person said details of Democrats’ plans to counter the ruling are still being discussed, but will likely involve something outlining the permit process — which could include policies around classes, training and background checks — as well defining firearm restrictions in “sensitive” locations such as mass transit, public parks or large public gatherings. — Anna Gronewold

FROM CITY HALL

GUN DECISION FALLOUT: Mayor Eric Adams said the Supreme Court’s gun ruling has created uncertainty about how the NYPD will handle more people legally carrying firearms — and whether New Yorkers of color will receive equal treatment under the new regime. It remains unclear, for example, if police officers will be able to stop someone to check if they have a permit. “To be able to identify who is carrying a gun legally or illegally is going to run into constitutional issues: can you stop someone if you have identified them as carrying a gun and question them?” he asked during an appearance on WNYC. “There are many legal issues that are going to unfold because of this decision.” The mayor also sounded a note of caution about the NYPD and civilians perceiving Black New Yorkers legally carrying a weapon as a threat. “That Black man discharging that gun — the responding law enforcement officers are going to come with the predispositions that historically have been part of policing in our cities — he better be concerned,” Adams, a retired NYPD cop, said during a separate appearance on MSNBC. “Many Black police officers lost their lives due to taking police actions while in civilian clothing.” Adams also invoked the 2012 fatal shooting of Trayvon Martin as an example of citizens harboring biases against people of color. “Look at Trayvon Martin,” he said. “The shooter felt that Trayvon was a threat, and Trayvon lost his life.” — Joe Anuta

ON THE BEATS

TRANSPORTATION: Gov. Kathy Hochul on Friday signed a bill permitting the 24/7 operation of speed cameras in New York City school zones, marking a partial victory for Mayor Eric Adams, who had struggled to get many of his transportation priorities enacted in Albany.

“Kids shouldn’t risk getting hurt just going to school, and traffic violence isn’t just confined to school hours,” Hochul said. “We know that [speed cameras] work, we know they slow cars down.”

The new law will allow the 750 speed cameras set up in city school zones to catch violators at all hours, instead of only between the hours of 10 a.m. and 6 p.m., as is current practice. The new 24/7 program will run three years before Albany must reauthorize it.

Adams failed in his effort earlier this year to wrest control of city streets from the state Legislature, which must approve changes to a slew of transit issues from speed limits to the operation of red-light cameras. He ultimately struck a deal with lawmakers to expand the speed camera program in the final weeks of the legislative session.

The deal comes amid a steep rise in traffic fatalities. Traffic deaths in the city increased by 44% in the first three months of 2022 compared to last year, according to the nonprofit Transportation Alternatives. The group said 59 percent of city traffic fatalities occur between 6 p.m. and 10 a.m., when school zone speed cameras are not in operation. — Georgia Rosenberg

EDUCATION: Council members, union leaders and advocates took to the steps of City Hall to blast $215 million in school budget cuts that will go into effect next school year ahead of a joint oversight hearing by the Council’s Education and Oversight Committees. “We need to freeze any budget changes,” City Council education chair Rita Joseph said during the rally. The Council initially opposed budget cuts toward the end of budget negotiations despite the fact that the cuts were included in the preliminary budget in February. But the Council was ultimately satisfied by the city’s reassurance that all schools would be kept at 100 percent of Fair Student Funding, a formula that was established in 2007 to pump money into high-need schools.

— As she kicked off the oversight hearing, City Council Speaker Adrienne Adams, who is not related to the mayor, argued DOE budgetary decisions, not the overall city budget, are leading to issues. “That distinction is critical because the fiscal year 2023 city budget actually invests over $700 million more in city funds for DOE than the previous budget, bringing total city funds spent on DOE to the highest level that our city’s history has ever seen,” she said. “Yet some of our individual and local schools are facing budgets that are drastic and different for the next school year.” American Federation of Teachers President Randi Weingarten and United Federation of Teachers President Michael Mulgrew were also present. — Madina Touré

The Campaign Trail

CANDIDATES REACT: Here’s what New York’s candidates for governor are saying about the Supreme Court’s unraveling of Roe.

“High Court rightfully put elected officials in each state in charge of abortion laws. We should have reasonable debate in NY on common-sense limits, instead of extremism we currently have, such as 3rd trimester abortion up to moment of birth, which most strongly disagree with.” — Rob Astorino, Republican

“Today, the Supreme Court has declared unconstitutional a woman’s right to make their own reproductive health decisions. American women today will have less freedom than their mothers. Sadly there are those who seek to arrest doctors for offering reproductive care. They are wrong. I have a 100% rating from Planned Parenthood and I will continue to work to ensure that New York remains a model for safe, legal and accessible abortions. We should also seek to make New York a model for reducing unplanned pregnancies by promoting education and contraception.” — Tom Suozzi, Democrat

“Today is a victory for life, for family, for the constitution, and for federalism. When my daughters, Mikayla and Arianna were born 14.5 weeks early, I had the opportunity to witness life in the second trimester and it was absolutely beautiful. In a state that has legalized late term partial birth abortion and non-doctors performing abortion, in a state that refuses to advance informed consent and parental consent, and where not enough is being done to promote adoption and support mothers, today is yet another reminder that New York clearly needs to do a much better job to promote, respect and defend life.” — Lee Zeldin, Republican

“People will die because of today’s decision. People have and will always seek abortions, and criminalizing them, making services inaccessible, only makes them more dangerous; pregnant people with no other options will be forced to endure torture or put their lives at risk.” — Jumaane Williams, Democrat

AROUND NEW YORK

— People living in Long Island’s Northport-East Northport school district show higher incidence of cancer, a New York State Department of Health report found.

— State police are filing more risk-protection orders against people who could be a harm to themselves or others — but courts are tossing them, because the police aren’t showing up with legal counsel.

— Eric Adams says New York City businesses can refuse people packing pistols in light of the Supreme Court’s ruling on the state's concealed carry law.

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