New laws in Oklahoma and Nebraska represent some of the most aggressive antiabortion-rights legislation passed in recent years, leading some advocates to contemplate whether the measures are "isolated incidents or signs of a large shift," Politico reports. Nancy Northup, president of the Center for Reproductive Rights, said that the new laws are "part of an onslaught of restrictions that we see constantly." She added, "But, that being said, these are both going farther [than] what we've seen before."

The Oklahoma law (HB 2780) requires a woman seeking an abortion to have an ultrasound at least one hour before the procedure. The person performing the ultrasound must position the screen to face the woman and provide a detailed description of the fetus, including information on any visible limbs or organs. According to Politico, the woman would be allowed to avert her eyes from the image. The bill became law on Tuesday after the state Legislature overrode a veto by Gov. Brad Henry (D). Although 14 other states require ultrasounds prior to abortions, the Oklahoma law "goes further" by requiring visibility of the monitor and a description of the fetus, Politico reports.

The Nebraska law (LB 1103) bans abortions after 20 weeks' gestation based on supporters' claims that a fetus can feel pain at that point. The first-of-its-kind measure, which is scheduled to take effect in October, likely will be challenged as unconstitutional because it bans pre-viability abortions. Multiple Supreme Court cases -- including Roe v. Wade -- identify viability as the point at which states can prohibit abortion, with exceptions for the health and life of the woman. States can regulate, but not ban, abortion prior to viability, Politico reports.

So far this year, CRR has filed lawsuits against six abortion-related measures -- two in Oklahoma, two in Alaska, and others in North Dakota and Arizona. In addition, the center is tracking about 500 state-level bills that could restrict abortion rights. Northup said this year's caseload is "higher than we've seen since the late 1990s" and represents "a total uptick."

According to Politico, the Oklahoma and Nebraska laws are a "marked shift" from 2008, when three abortion-related voter initiatives failed, including one in Colorado that would have declared personhood as beginning at conception. That initiative lost by a 46-point margin. Furthermore, the new laws are "significantly more restrictive" than more common state antiabortion measures, such as parental notification for minors or 24-hour waiting periods for the procedure, Politico reports.

Mary Spaulding Balch, director of state legislation for the National Right to Life Committee, said, "April has been a successful month for right-to-life legislation." She added, "The activity in states is higher. Pro-lifers really are pushing these laws very seriously."

Ted Miller, spokesperson for NARAL Pro-Choice America, said, "When we see these battles unfold, we begin to prepare in other places." He added, "If it's happening in Nebraska and Oklahoma, it's going to be happening in Ohio or somewhere else."

Northup said that the health reform debate invigorated the push for antiabortion-rights legislation in the states. "The atmosphere around health care reform created a real aggressiveness that energized the anti-choice movement," she said.

In addition to more restrictive laws on abortion procedures, some state legislatures have "floated new, reform-specific bills," Politico reports. Last week, Arizona became the first state to prohibit abortion coverage in insurance plans sold in the state's public exchange (SB 1305). A similar bill (SB 2686) is before Tennessee Gov. Phil Bredesen (D) (Kliff, Politico, 4/28).

Okla., Other States Passing 'Most Dreadful' Laws, New York Times Columnist Writes

New York Times columnist Gail Collins writes that many state legislatures -- including Oklahoma's -- "have been freaking out with such alarming intensity that you'd think a mad scientist had surrounded state capitols with electrodes just to see what would come popping out." According to Collins, the "most dreadful laws have been coming from Oklahoma and Arizona," which have drawn national attention for severe restrictions on abortion rights, gun rights and immigration. Collins specifically cites Oklahoma's antiabortion laws as examples of extreme state legislation. In addition to the ultrasound law, the state recently approved a law (HB 2656) that prohibits women whose infants are disabled from suing doctors for withholding information about birth defects during the pregnancy (Collins, New York Times, 4/29).

Broadcast Coverage

MSNBC's "The Rachel Maddow Show" on Wednesday included a discussion with Anita Fream -- CEO of Planned Parenthood of Central Oklahoma -- about the state's new ultrasound law (Maddow, "The Rachel Maddow Show," MSNBC, 4/28).

Reprinted with kind permission from nationalpartnership. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

© 2010 The Advisory Board Company. All rights reserved.

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