Amata comments on recent Supreme Court ruling on Roe v Wade

Pago Pago, AMERICAN SAMOA — The U.S Supreme Court ruling last Friday overturning the decades-old Roe v. Wade decision, does not ban abortions but leaves the decisions to state and territory legislatures, says Congresswoman Uifa’atali Amata, in a brief statement yesterday to clarify what the Supreme Court ruling means regarding abortion for American Samoa.

Uifa’atali explained that the Supreme Court had ruled that the U.S. Constitution provides neither a right nor a barrier to an abortion.

“The Court did not ban abortion; it left the decisions regarding if, when, where, and how the procedure may or may not take place to individual state and territory legislatures, as they enact laws according to their community values,” she said.

“The decision clears the way for each state and territory to enact any parameters that it may choose within constitutional limits,” Uifa’atali points out.

The Supreme Court ruling states in part that the “Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision...”

“It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives,” it says. (Details of the 213-page decision — Dobbs v Jackson Women’s Health Organization — is available on www.supremecourt.gov).

The decision is generating huge controversy on the U.S mainland with both those in favor and opposed holding mostly mpm-violent but hardly peaceful demonstrations from New York to Florida, Texas and California. 

The Brookings Institute — a nonprofit public policy organization based in Washington, D.C. that conducts in-depth research finds that when Americans are given the choice between overturning Roe and leaving it as it is, between 55% and 60% choose leaving it untouched.

When overturning Roe is described as eliminating a “constitutional right,” support for leaving it untouched is even higher. When the choice is characterized as preserving Roe versus returning the matter to the states, the margin in favor of leaving matters as they are shrinks.

Even so, when Americans are given the choice between a national standard for abortion and a variety of state laws, they opt for a national standard generally favoring abortion rights.

A CBS/ YouGov poll found that 58% of Americans would favor a federal law protecting abortion nationwide, while only 33% would support a federal law banning it nationwide — a proposal opposed even by a majority of Republicans.

Acting Governor Talauega Eleasalo Ale, has yet to respond to a Samoa News request for comments to questions sent hours after the Supreme Court decision last Friday, and LBJ Medical Center’s chief executive officer, Moefa’auo William Emmsley also has yet to reply to the same request sent to him..

Uifa’atali’s statement clearly provides the answers that some local residents have asked as to what will happen now — for American Samoa — following the Supreme Court ruling.

Three lawmakers contacted by Samoa News since last Friday say they would prefer not to comment until there’s an official word from the Lemanu-Talauega Administration, on where American Samoa stands on abortion and what action is needed to be taken by the Legislature.

While the lawmakers will consult with the Fono’s legal team on the impact the Supreme Court decision has on American Samoa, they will at the same time, seek an analysis on possible legislation.

ABORTION LAW

Provision of local abortion law (A.S.C.A 46.3903), states that an authorized abortion is an abortion performed by a physician upon a consenting woman under the following conditions:

•           the life of the patient would be endangered by continuance of the pregnancy; or

•           the continuance of the pregnancy would substantially impair the physical or mental health of the patient.

It also states, under provision A.S.C.A 46.3902, that a person commits the crime of unlawful abortion if he uses any instrument or device or prescribes or administers any medicine, drug, or other substance, which is likely to produce an abortion of a pregnant woman, with purpose to produce an abortion unless the abortion is authorized under 46.3903.

(See American Samoa Bar Association website — www.asbar.org — for details of local abortion law, under, Title 46 - Criminal Justice - Chapter 39, Abortion.)

Now that the Supreme Court has overturned Roe v Wade, “American Samoa is likely to prohibit abortion entirely. Abortion is currently prohibited with limited exceptions in the territory,” according to the Center for Reproductive Rights on its analysis of American Samoa. “American Samoa law does not protect abortion.”

 The Center had conducted analysis on all states and territories on abortion laws, in particular the impact of Roe v. Wade case. (See online -  https://reproductiverights.org - for details on the Center, a non profit U.S. based group.)

With Roe overturned American Samoa's current laws on abortion no longer violate the U.S. Constitution, as some people believe was the case — although this premise was never tested in court.