Map Shows Abortion 'Shield Laws' in Each US State
Some states have enacted protections for patients and providers in the years since the Supreme Court overturned Roe v. Wade.
New Jersey recently enacted legislation that bolsters protections for individuals seeking abortions and healthcare providers, addressing the shield laws that have been enacted in states following the overturning of Roe v. Wade in 2022. Governor Mikie Sherrill signed the bill on August 20, which restricts state agencies from assisting investigations or legal proceedings related to reproductive or gender-affirming care, broadens confidentiality protections, and prevents licensing boards from penalizing providers for delivering such care.
The legislation also classifies any act of physically blocking access to healthcare facilities offering reproductive or gender-affirming care, or harming, threatening, or intimidating patients and providers, as a crime.
The bill has faced criticism from anti-abortion organizations, with Marie Tasy, executive director of New Jersey Right to Life, arguing that it protects individuals who terminate pregnancies. Following the Dobbs v. Jackson Women’s Health Organization ruling, various Democratic-led states have introduced shield laws to minimize legal risks for patients, healthcare providers, and those aiding in obtaining abortions.
These laws, enacted through statutes or executive orders, aim to shield patients, providers, and others from civil, criminal, or professional penalties imposed by other states. They primarily prevent state officials from cooperating with out-of-state inquiries related to legally protected healthcare, thereby blocking access to information or records that could lead to charges.
The new New Jersey legislation expands on previous laws, prohibiting state entities from complying with out-of-state requests related to legally protected healthcare, expanding to include gender-affirming care in addition to reproductive and abortion care. Experts like Rachel Rebouché, a University of Texas School of Law professor who has studied these laws, emphasize that shield laws primarily prevent state officials from cooperating with inquiries from other states, cutting off access to information or records that might lead to charges.
Shield laws have helped abortion providers and helpers feel more secure in providing care without facing repercussions from aggressive anti-abortion legal actions in other states.
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