HAGÅTÑA (The Guam Daily Post) — The U.S. Supreme Court decision overturning decades-old precedent on abortion rights has paved the way for several states to enforce or enact bans on abortion.
Guam also has an existing abortion ban, but although it was never repealed, the law was challenged shortly after enactment and a permanent injunction was placed on the ban years ago. Local attorney Vanessa Williams emphasized that abortion remains “safe and legal” on the island. However, the Supreme Court decision is a key factor in an ongoing challenge of another local law that has restricted access to abortion services on Guam.
The island has been without an abortion doctor for a few years, placing greater significance on telemedicine. But Guam’s informed consent law requires that a woman be provided certain information “in person” to obtain an abortion. That makes it impossible to administer medication abortion through telemedicine, according to the lawsuit challenging the requirement.
The District Court of Guam granted an initial victory to the suit’s plaintiffs, ordering a preliminary injunction on the mandate. That means local officials are currently barred from enforcing the “in-person” requirement. But the Office of the Attorney General lodged an appeal with the 9th U.S. Circuit Court of Appeals, where the case had been waiting for the Supreme Court to hand down its decision.
The OAG now has 14 days from the date of the decision to file a status report or motion for relief. That should fall on or around July 8.
Williams, who is part of the legal team challenging the “in-person” law, stated that they will fight to ensure the injunction remains in place.
“The injunction against baseless restrictions against telemedicine abortion still stands and we will continue to fight to keep it that way,” Williams told The Guam Daily Post. “Although the Supreme Court’s decision has changed the standard for local government restrictions on this essential healthcare, the government of Guam defendants could not and still cannot provide any justification for imposing these unnecessary obstacles to obtaining abortion care.”
The AG’s office has stated that it is reviewing Guam’s abortion laws and court orders in related litigation to determine the current state of Guam law in light of the Supreme Court decision, and “will take appropriate legal action.”
Gov. Lou Leon Guerrero has said that she supports maintaining the choice to have an abortion as a matter of reproductive health and women’s right to health care. Regarding whether she had spoken to the attorney general about the telemedicine lawsuit, the governor’s office stated that the governor does not generally comment about ongoing litigation and referred questions to the AG’s office.
However, in consideration of the absence of a physician to perform abortions on island, Leon Guerrero did tell The Guam Daily Post that while her administration is not directly pursuing the hiring of such a doctor, they are working with non-profit organizations wanting to bring in that doctor.
Vanessa Williams attends the United States Commission on Civil Rights Guam Advisory Committee Inaugural Meeting on May 24 at the Dusit Beach Resort in Tumon.
