Alaska Attorney General Treg Taylor joined 18 other Republican attorneys general in a letter urging the Federal government to protect the rights of state governments to medical records that are private.
This access can be used to limit access to abortions and gender transition treatment.
The attorneys general are opposed to an upcoming federal rule which will “prevent medical records that are private not being used to harass individuals just for the purpose of looking for, obtaining or facilitating legal reproductive health treatment.”
Idaho where abortion is illegal, abortions, adopted a bill this year which prohibits adults from helping minors get an abortion in a different state.
Other states with abortion laws that are criminalized are considering similar laws and a federal law could limit the power of those states to enforce their own laws.
“The letter is a clear statement of the law,” Taylor said by email. “While the rule will be ineffective for Alaska since abortions are legal in Alaska, the rule is designed to hinder other states who have taken a different decision in their policy on abortions after the Dobbs v. Jackson decision. This letter is about protecting states rights in the face of federal overreach. That is the reason Alaska has joined.”
The right to access abortion to women in Alaska is guaranteed by Alaska Supreme Court precedent; justices have repeatedly ruled that the state’s right of privacy applies to abortion access.
A few Alaskans require special abortion services through Washington state, however Washington state was not a signatory to the document, and the lawmakers in that state have adopted an act known as a medical shield designed to ensure the safety of residents of other states that seek abortion treatment in the state.
Planned Parenthood Alliance Advocates, which is a pro-choice group in Alaska as well as other states nearby However, the group said it was shocked over the Attorney General’s choice not to sign the letter in part because it is in violation of an essential principle of the Alaska Constitution’s right to privacy.
“It’s shocking and unacceptable,” said Rose O’Hara-Jolley, Alaska state director for Planned Parenthood Alliance Advocates.
This isn’t a state’s rights issue, according to Mack Smith, communications manager for Planned Parenthood Great Northwest and Planned Parenthood Alliance Advocates.
“Really What it all comes to is controlling the choices of people. In my opinion, we can all agree in this moment the politicians as well as legislators won’t be content until abortion is no longer an option for everyone regardless of the state in which they live,” Smith said.
When asked if Alaska is planning to seek information regarding methods of abortion in the other states, and whether Alaska would be willing to provide this details to states that do not have it, Taylor replied, “The answer is emphatically “no.’.'”
In the event that this is indeed the case O’Hara-Jolley said the letter could still be dangerous since it spreads the fear of being a victim and can result in confusion.
“When people read this article that suggests their medical data could be divulged there is the possibility of negative consequences in the real world, that people could not be honest and open with their doctor,” they said.
“If it begins with an abortion and the women are afraid to speak to their doctor about it What happens after that? Are they seeking Birth control information? If a state has the authority to release medical records such as that it should be alarming for everyone.”
