Guam
On October 14, 2024, the U.S. Supreme Court declined to hear Guam Attorney General Douglas Moylan's appeal seeking to overturn the Guam Supreme Court's decision that a 1990 total abortion ban had been legislatively repealed. This refusal effectively upholds the lower court's ruling, ensuring that the ban remains unenforceable and that abortion remains legal in Guam.
The original ban, which imposed criminal penalties on patients, providers, and those discussing abortion, was permanently blocked in 1990 through a lawsuit filed by the American Civil Liberties Union (ACLU) and attorney Anita Arriola. Despite Attorney General Moylan's efforts to reinstate the ban following the overturning of Roe v. Wade, the Supreme Court's decision reinforces the legal status of abortion access on the island.
Meagan Burrows, senior staff attorney at the ACLU Reproductive Freedom Project, emphasized the importance of this ruling, stating, "It is crucial that the right to obtain abortion care remains protected on our island. Rather than repeating the mistakes of the past, we should be working to lift those remaining barriers that make it difficult for people in Guam to get the care they need."
While this decision is a significant victory for reproductive rights advocates, challenges remain. After the retirement of the last abortion provider in 2018, access to abortion services in Guam became limited. In 2021, a lawsuit brought by the ACLU established access to medication abortion via telemedicine. However, legal barriers persist, including a requirement for patients to make an in-person visit before accessing care through telehealth services.
The Supreme Court's refusal to hear the appeal marks a pivotal moment in the ongoing efforts to safeguard reproductive rights in Guam, highlighting the judiciary's role in upholding constitutional protections against legislative attempts to restrict access to abortion services.
