Recent developments
in national law related to abortion and reproductive healthcare rights have
caused worry and anxiety for Americans around the nation and in Nevada. The
Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization tore
away the constitutional right to privacy and bodily autonomy by giving states
increased rights to limit and even outlaw abortions. Fortunately, the
decision did not ban abortions nationwide. States may still protect their
residents’ right to access the reproductive health care they need. The State of
Nevada is committed to protecting women’s reproductive rights.
In Nevada, the
decision to abolish the constitutional right to an abortion did not have an
immediate effect on the ability of those within the state to access an
abortion. This is because, in 1990, Nevadans approved a constitutional
amendment enshrining the right to an abortion until 24 weeks gestation in the
state constitution. This protection extends to minors, who have the right
to seek and authorize reproductive care for themselves.
The right to an
abortion in Nevada is not limited to Nevada residents. Abortion is legal in
Nevada, and the State will not aid another state in prosecuting an individual
for seeking or obtaining legal reproductive health care in the State. In
fact, the Legislature recently passed a bill to ensure that people exercising
their right to reproductive health care in Nevada do not have to worry about extradition
to another state that does not recognize these rights. In the past, the
governor of Nevada could decide whether or not to extradite a person to another
state if that person’s conduct was performed in Nevada but was not illegal
under Nevada law. That power has been removed from the governor’s arsenal,
meaning extradition requests regarding legal abortions obtained in Nevada will
not be honored. In addition, absent a valid Nevada subpoena, non-Nevada
attorneys generally lack authority to require Nevada state agencies or Nevada
physicians to provide any information pertaining
to reproductive health care services. This protection is in addition
to existing privacy protections for such information, including HIPPA
protections.