Democratic attorney general candidates outline plan for Roe v. Wade fallout

In the wake of overturning Roe v. Wade, both candidates seeking the Democratic Party's nomination for attorney general have said they'll take steps to protect Vermonters' access to abortions.

Charity Clark, who served under former attorney general T.J. Donovan as assistant attorney general and chief of staff, announced Monday that if elected she'll:

— Protect Vermont medical providers from out-of-state prosecution when they act within their Vermont license.

— Protect the data privacy of those seeking abortions in Vermont.

— Identify or certify pharmacies for those seeking abortion medicine.

— Develop a "no-tolerance" policy towards deception and misinformation about abortion medication and providers.

— Advocate that Vermont extradition laws be changed to protect its abortion providers.

— Change policy or pass legislation allowing local law enforcement to not cooperate with out-of-state investigations related to providing abortions.

— Support Vermont's medical boards and in-state malpractice insurance companies in abstaining from taking adverse action against treatment providers treating out-of-state patients.

— Eliminate the ability of people from other states compelling anyone in Vermont to testify in a civil action against abortion seekers or providers.

"I'm a problem-solver, so whenever a problem presents itself that's where my brain goes, and in this case these are the items I have considered and am thinking about to try to project Vermonters — and health care providers — seeking an abortion," said Clark on Tuesday.

Clark said she believes the Legislature would be supportive of these measures where legislation is needed.

"For me the biggest concern is for health care providers in-state because I think that's the issue that's going to come up the most," she said. "So, dealing with those issues, to me, looking at this issue through the eyes of those practitioners would be my priority because I think that's going to come up the most."

Clark said that data privacy has been a big concern of hers for years, even when not related to abortion access, and she plans to incorporate the two concerns if elected attorney general.

"Ultimately, what our mindset should be is that this is a profound moment in history," she said. "Very little can compare."

Besides abortion access and data privacy, Clark said her focus as attorney general would be to protect small businesses, as well as criminal justice reform. She said the administration and Legislature have not been seeing eye to eye on criminal record expungement, and she believes she can help them reach a compromise.

Running against her is Washington County State's Attorney Rory Thibault.

During the weekend, he also released a list of things he'd do, or support doing, in order to protect those seeking abortions and other reproductive health care services in Vermont. Among them were:

— Advocating for the passing of the Reproductive Liberty Amendment in November.

— Be proactive in protecting those traveling to Vermont for an abortion, including passing safe-harbor laws for patients and providers.

— Prohibit lawsuits from out-of-state against abortion providers serving those from other states.

— Secure the ability to produce within Vermont the pharmaceuticals needed for Plan-B.

— Bolster in-state health care capacity and insurance laws for non-Vermonters seeking reproductive services in Vermont.

— Work on how to assist Vermonters who are out-of-state for travel, school or work who need reproductive health care services in states that are hostile to them.

"The challenge is going to be making sure whatever the laws and protections that are implemented in Vermont are ones we can feel confident that we can defend both in state court and, ultimately, in federal court," Thibault said.

He said he believes the state as a whole needs to take the long view and not assume that the president come 2024 will be pro abortion access. It may come to pass that other elements of the federal government, besides the Supreme Court, become hostile to reproductive rights.

The first thing a federal government seeking to limit or eliminate abortion access would do is hamper access to abortion-related drugs, he said.

Vermont should also be wary of other Supreme Court decisions that may target access to contraception, and marriage equality, he said.

Both candidates said New York and surrounding New England states have been pro-abortion access, opening opportunities for Vermont to either lead or work with its neighbors' initiatives.

keith.whitcomb @rutlandherald.com