On March 11, 2022, the Maryland House of Delegates passed H.B. 1171, which, if passed by the Maryland Senate and approved by the voters during the General Election this upcoming November, would amend the state constitution to make abortion a constitutional right.^[1] On the same day, the House of Delegates passed H.B. 0937, which would allow individuals deemed to be a “qualified provider”, to perform abortions, as well as mandate certain insurance plans cover abortions.^[2] A “qualified provider” under this bill will refer to anyone who is licensed, certified, or otherwise authorized to practice medicine within Maryland.[3] While Maryland has protected the right to have an abortion since 1992, these bills would provide further protection during a time when Roe v. Wade may be overturned.^[4]

With a veto-proof Democrat majority in both houses of the Maryland legislature, and a 2-1 ratio of Democrats to Republicans in the state, it is likely that this referendum and these bills will pass by a wide margin.^[5] While some politicians felt the referendum was unnecessary due to current law, others argued that it should be decided by the voters prior to any federal change in the laws.^[6] H.B. 0937 would provide $3.5 million dollars annually to the Abortion Care Clinical Training Program Fund, which is supposed to increase the number of qualified abortion providers in the state.^[7] Again, however, opponents to this bill claim that it is unnecessary due to Maryland’s current liberal abortion policies.^[8]

With both of these bills being introduced in Maryland as the Supreme Court of the United States prepares to address Mississippi’s 15-week abortion ban,^[9] the Maryland legislature is entering into a unique atmosphere that is radically different from the one during the Roe v. Wade decision. Whereas Roe v. Wade proponents sought federal protection of a woman’s right to an abortion, Marylanders are now seeking a permanent state right to ensure the right to an abortion regardless of federal legislation or judicial decision. With abortion being a “hot button” partisan issue, it appears to now be merging with the traditional conservative idea of a limited federal government and a larger state’s rights approach. This merger of women’s rights with state’s rights could represent a fundamental shift in political ideology as progressivism stalls or fails within the federal government.[10]

Brandon Stouffer is a is a third-year day student at the University of Baltimore School of Law. Brandon received a Bachelor of Arts degree in English from Gettysburg College. Before attending law school, Brandon worked for the Maryland Senate and began his career as a professional athlete. While in law school, Brandon has clerked with Scarlett & Croll, P.A., been a legal intern on Capitol Hill, and helped successfully argue an asylum case as a Rule-19 attorney for the University of Baltimore School of Law Immigrant Rights Clinic. Brandon recently accepted a commission with the United States Army JAG Corps. and is looking forward to this next step in his legal career.

^[1] H.B. 1171, 2022 Leg., 443rd Sess. (Md. 2022).

^[2] H.B. 0937, 2022 Leg., 443rd Sess. (Md. 2022).

[3] Id.

^[4] Bryan Stole, Maryland House votes to add abortion rights to state constitution, expand access to abortion, The Baltimore Sun (March 11, 2022), https://www.baltimoresun.com/politics/bs-md-pol-house-abortion-20220312-qrfclvsoibbe3i5nsimo2iee6u-story.html.

^[5] Maryland House votes to add abortion rights to state constitution, Fox (March 12, 2022 3:02PM), https://www.fox5dc.com/news/maryland-house-votes-to-add-abortion-rights-to-state-constitution.

^[6] See id.

^[7] H.B. 0937, supra n. 2.

^[8] Maryland House votes to add abortion rights to state constitution, supra n. 5.

^[9] Stole, supra n. 4.

[10] See Jonathan Allen, In Build Back Better fight, progressives have to give a lot to get a little, NBC (Oct. 17, 2021 4:30AM), https://www.nbcnews.com/politics/politics-news/build-back-better-fight-progressives-have-give-lot-get-little-n1281576.