Reproductive Rights

OAKLAND — California Attorney General Rob Bonta today joined a coalition of 20 attorneys general in filing an amicus brief with the U.S. Court of Appeals for the Sixth Circuit in support of a challenge to Tennessee's “abortion trafficking” law, which threatens to punish medical providers and residents alike for providing information or assistance to certain patients within Tennessee seeking to access lawful abortion care outside of Tennessee. In the brief, filed in Welty v. Dunaway, the coalition writes in support of plaintiffs-appellees, arguing that the law will chill the free flow of information and threaten access to safe and effective abortion care within their borders.  

“Tennessee’s abortion laws are among the most restrictive in the nation. There are no exceptions for victims of rape or incest, despite the overwhelming support for those exceptions among Democrats and Republicans alike,” said Attorney General Bonta. “My fellow attorneys general and I are supporting the challenge to Tennessee's so-called ‘abortion trafficking’ law because we have a sovereign interest in protecting access to safe and legal abortion care within our borders and preserving the free flow of information about that care. We will not be bullied by Tennessee or any other state.”

Tennessee’s law, which took effect on July 1, 2024, purports to impose criminal and civil penalties on anyone who “recruits” a minor for the purpose of procuring an abortion, obtaining abortion medication, or concealing an abortion from the minor’s parents or legal guardian — even if the abortion at issue is accessed legally out of state. The plaintiffs-appellees in Welty v. Dunaway successfully obtained a preliminary injunction from a federal district court, blocking enforcement of this provision. Tennessee appealed and the case is now pending in the Sixth Circuit. 

In their amicus brief, the attorneys general urge the Sixth Circuit to affirm the lower court’s injunction, writing that: 

• Their States have chosen to preserve access to abortion care within their borders by enacting statutes that protect abortion access and by amending their constitutions to expressly guarantee the right to access abortion care. California’s Constitution, for example, explains that “[t]he state shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion.”
• Their States have received a surge of out-of-state patients, including patients from Tennessee, seeking reproductive care that they cannot access in their home states. Indeed, interstate travel for abortion care in the United States has nearly doubled since 2020.  
• In light of the prohibitions on abortion care in Tennessee and other States, more and more individuals are turning to organizations, helplines, abortion funds, and other forms of assistance to secure abortion care. But these trusted individuals and organizations may choose to significantly limit their communications, or even to not speak at all, when threatened with harsh civil and criminal liability under laws like Tennessee’s. 
• If medical providers and other residents of their States are not able to counsel individuals within Tennessee about their ability to obtain legal abortion care, those individuals — and especially minors — will face increased barriers to accessing safe care. This can result in delays in patients’ ability to access care, leading to increased health risks, lifelong complications, and death.  
• By hampering the flow of information about lawful abortion care, Tennessee’s law increases the risks associated with such care, thus impairing their States’ commitment to ensuring safe and effective abortion care is available within their own borders. The U.S. Supreme Court has long recognized that a State has no authority to prevent its residents from accessing abortion care in other States where it is legal — much less from accessing and sharing information about such care.

Attorney General Bonta has joined two multistate amicus briefs challenging a similar Idaho law in Matsumoto v. Labrador when that case was before the district court in 2023 and the Ninth Circuit in 2024.

In filing today’s amicus brief, Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.

A copy of the amicus brief can be found here.

SAN FRANCISCO — California Attorney General Rob Bonta today delivered remarks on California Department of Justice’s preparations to protect California’s values, people, and natural resources ahead of a second Trump Administration. To view a recording of the press conference, please visit here. 

Attorney General Bonta's Remarks as Prepared for Delivery:

As the reality of a second Trump Administration takes hold, I know there is a great deal of fear, sadness, anxiety, and panic. 

I understand. 

I’m here today to reassure you that in California, progress will prevail. 

No matter who is in the White House, no matter who holds control of Congress, in California we will keep moving forward. 

In California, we will choose calm over chaos. 

Fact over fiction.

Belonging over blame.

Unity over division. 

“Us and we” over “I and me.” 

It’s why we’re the 5th largest economy in the world. Not in spite of our commitment to workers, consumers, and the environment, because of it. 

Because we’re the largest and most diverse state in the nation.

Because we believe in the power of inclusivity.

Because we believe in truth over lies. Hope over hate. Light over dark.

Because  we believe in looking forward.

It’s who we are in the Golden State. It’s in our DNA. Nothing and no one can change that. 

As Attorney General, I’ll continue to use the full force of the law and authority of this office to address injustice. 

To stand up for all people, especially those who have long been overlooked and undervalued.

To safeguard reproductive rights. 

And advocate for more housing — especially more affordable housing for lower and middle-income families just trying to get by.

I’ll continue to take on greedy corporate giants and fight for more affordable gas, groceries, and everything in between.  

I’ll continue to defend our world-renowned natural resources and protect them for generations to come. 

Continue to fight for clean water to drink and clean air to breathe.

Continue to crack down on illicit guns on our streets and get fentanyl out of our neighborhoods. 

Continue to fight for workers.

I’ll continue to protect, defend, and serve every single Californian. No matter your politics. 

I’m here to ensure every person — no matter how they look, how much money they make, where they’re from, who they love, how they identify, or how they pray — can pursue their version of the California Dream. 

A fair wage and good benefits.  

A safe and affordable place to live.  

Affordable and accessible health care. 

Good schools to send our kids to. 

Safe neighborhoods to raise our families. 

That’s my promise to you, no matter who is in the White House.  

We’ve been here before.

We lived through Trump 1.0. 

We know what he’s capable of. 

We know what plans he has in store. 

The silver lining is just that: we know. 

We know to take Trump at his word when he says he’ll roll back environmental protections, go after our immigrant and LGBTQ+ communities, attack our civil rights, and restrict access to essential reproductive care.

Which means, we won’t be flat-footed come January.

You can be sure that as California Attorney General, if Trump attacks your rights: I’ll be there. 

If Trump comes after your freedoms: I’ll be there. 

If Trump jeopardizes your safety and well-being: I’ll be there.

California DOJ did it before and we’ll do it again.  

During the last Trump Administration, California DOJ fought to stop illegal rollbacks and proposals that would’ve harmed the well-being, health, safety, and civil rights of our people and of people across the country. 

That would have caused irrevocable damage to our environment.

No matter who is in charge of the federal government…

No matter what the incoming Administration has in store… California will remain the steadfast beacon of progress it has long been.  

A constant, unwavering, immoveable force to be reckoned with.  

We’ll continue to be a check on overreach and push back on abuse of power. 

Be the antidote to dangerous, extremist, hateful vitriol.

Be the blueprint of progress for the nation to look to.

Remember: in moments of chaos in D.C., you can always look to California for calm resolve. 

California leaders across the state are ready to stand arm-in-arm. 

Governor Newsom and every single Constitutional Officer;  

Senator Padilla and Senator-elect Schiff;  

Democratic members of Congress; 

Pro Tem McGuire, Speaker Rivas, and the California Legislature; 

Mayors, supervisors, and city councilmembers from San Francisco to San Diego are ready to fight for our California values. 

For our people. For our environment.

For progress and justice.

And as necessary, we’re ready to take on the challenges of a second Trump Administration — together.

While a great deal of change is on the horizon…

California’s path to progress remains full steam ahead.

It may not always be linear. Progress so rarely is. 

It zigs and zags. Takes frustrating detours. Inches forward and backward and forward again. 

The detours and setbacks don’t define our progress.

Our commitment to forward momentum defines our progress. Defines us. 

It’s what we do next that will define us. 

If you’re feeling despondent today, remember that you’re not alone. 

In California, we’re not looking back. We’re not moving back. 

We’re California! We’ll meet any challenges head on and rise to the occasion.

As is so often said, as California goes, so goes the nation.

In the days and months and years to come, all eyes will look west. 

In California, they’ll see: we’re still moving forward.

Thank you. 

OAKLAND — California Attorney General Rob Bonta today released the following statement after the U.S. Supreme Court ruled in Idaho v. U.S.  that it would not decide whether the Emergency Medical Treatment and Labor Act (EMTALA), a federal law, requires hospitals to provide necessary abortion care to pregnant people experiencing medical emergencies irrespective of any conflicting State law. Every hospital in the United States that operates an emergency department and participates in Medicare is subject to EMTALA. Under the law, emergency departments are required to provide all patients who have an emergency medical condition with the treatment required to stabilize their condition. Yet Idaho’s radical abortion ban, which came into effect after the U.S. Supreme Court’s June 2022 decision overturning Roe v. Wade, criminalized the very abortion care required by EMTALA. Idaho’s law allows only those abortions necessary to prevent a pregnant patient’s death, and so subjects healthcare providers who provide the broader swath of medically necessary emergency abortion care required by EMTALA to criminal prosecution and loss of their license. Instead of deciding whether Idaho’s law impermissibly prohibits emergency abortion care required by EMTALA, the Supreme Court will allow the U.S. Court of Appeals for the Ninth Circuit to decide the issue in the first instance. The Supreme Court also decided today that it will allow a preliminary injunction entered by the district court in Idaho to go into effect. For now, that preliminary injunction prevents Idaho from enforcing its ban with respect to emergency abortion care covered by EMTALA.  

“Today’s ruling ensures that, at least for now, pregnant patients facing medical emergencies in Idaho cannot be denied health-preserving abortion care,” said Attorney General Bonta. “But today’s decision is at best a temporary reprieve for pregnant patients and physicians in Idaho and any other State with a ban on abortion care. The battle to protect access to reproductive healthcare remains as this case and others continue, and as anti-abortion extremists work to undermine Americans’ most basic and fundamental reproductive rights. Our message to all who seek or provide reproductive healthcare is clear: California welcomes and supports you. We will continue to fight for every individual’s right to make their own healthcare decisions and reaffirm our commitment to making our state a beacon of reproductive freedom to every individual across this country.” 

The Attorney General remains committed to supporting, expanding, and protecting reproductive freedom. In April, the Attorney General issued guidance to remind medical providers, staff, and volunteers from states with near-total abortion bans of their rights and protections when providing reproductive healthcare under California state law. For more information on your reproductive rights in California, please click here. To report potential violations of EMTALA, please click here.