The battle lines are sharpening. The states that oppose abortion are enacting more and more extreme laws. And all of these laws could go into effect instantaneously after a feverish late night decision by the Supreme Court. At the same time other states are reinforcing and expanding reproductive rights (link).
Take Louisiana and New York. Louisiana enacted an abortion trigger law that subjects anyone who performs an abortion to a prison term of up to ten years and a $100,000 fine (link). In the meantime, thanks to the bad behavior of Andrew Cuomo, Kathy Hochul, a feminist, is now governor of New York. She promises to help improve reproductive options for New Yorkers (link).
But in addition to augmenting and extending reproductive freedom, states like New York have other options, and could pass laws that protect individuals fleeing states like Louisiana. That protection can be both criminal and financial. New York could refuse to extradite fugitives from Louisiana, and could have a law that criminalizes anyone helping return someone to the authorities in Louisiana. Ditto for monetary fines.
Something presaging this response to repressive anti-abortion laws has already happened in Michigan. When Gretchen Whitmer was voted in on a pro-choice ticket, she brought along District Attorney Dana Nessel (a somewhat unorthodox candidate) who openly campaigned on the promise that post-Roe she would not to prosecute anybody under anti-abortion laws that are still on the books in Michigan from before Roe . And she will defy the Michigan State Legislature’s increasingly extreme laws.
With changes in the state law, attorneys general and governors can probably do a lot more.
A strong response right now to the curtailing of reproductive freedom might make the conservatives on the Supreme Court think twice. On other hand they may be hellbent on creating a crisis.