A new bill introduced in the D.C. Council would prohibit the city from cooperating in any investigation led by another state into anyone who gets, assists with, or performs an abortion in D.C.

The bill written by Councilmember Brianne Nadeau (D-Ward 1) and co-sponsored by nine of her colleagues is the first official response to last week’s leak of a draft majority Supreme Court opinion that would overturn Roe v. Wade, the 1973 case that protects a woman’s right to seek an abortion.

Nadeau, who traces her own path to elected office back to the 2004 March for Women’s Lives, says the bill is modeled in part on a similar measure signed into law last week in Connecticut that protects patients and medical providers who travel to get or perform abortions from states where officials have indicated they intend to prosecute people for doing so.

But she also says she sought to expand the bill beyond covering only abortions, a reflections of concerns from some that the draft opinion by Justice Samuel Alito could eventually lead the court to overturn decisions protecting the rights of same-sex couples to marry or for people to use contraception, along with other rulings.

“Think about how we became a sanctuary city when [Immigrations and Customs Enforcement] was taking action against residents. We didn’t cooperate with ICE,” says Nadeau. “We’re not going to cooperate with anybody who’s trying to prosecute or investigate somebody who is getting an abortion, using contraception, seeking gender-affirming care for their child, or upholding their own same-sex marriage.”

The bill would also offer people in D.C. a private right of action if they are sued by anyone in a state that allows private lawsuits to be brought against people who get or perform abortions. Texas passed such a law in 2021, effectively deputizing private parties to sue others who get or assist with abortions.

“Let’s say, for example, Virginia passes a law that says you can sue someone for getting an abortion and then recover damages from them for that,” explains Nadeau. “If someone sues a woman who got an abortion in the District under that law, then that person can sue right back and even get attorney’s fees for both lawsuits.”

Since news of the Supreme Court ruling broke, D.C. officials have almost uniformly expressed their opposition to the possible demise of Roe, as well as reaffirmed the city’s place as one that protects and promotes abortion rights. But they face a particularly uncertain future, largely because a Republican-led Congress could move to fully ban abortions in D.C. (Congress has long prohibited the city from using local funds to subsidize abortions for low-income women.)

“It will be introduced,” said D.C. Councilmember Christina Henderson (I-At Large) on WAMU 88.5’s The Politics Hour on Friday on such a bill moving through Congress should the GOP take control. “As long as D.C. doesn’t have statehood, it makes it difficult for us to protect our residents.”

Nadeau says D.C. needs to stake out its position on abortion rights regardless of what Congress may eventually do. “We can’t not pass laws just because we’re worried about the threat of Congress,” she says. “We have to affirm our rights here as often as we can.”

The only note of caution was expressed by Councilmember Mary Cheh (D-Ward 3), who said in a series of tweets on Friday that she worried the provision giving a private right of action to respond to Texas-style bounty lawsuits wouldn’t withstand legal challenge.

“I strongly believe that the District should do everything in its power to fight back this attack on women’s rights, including by establishing the District as a sanctuary city for those seeking abortions,” she wrote. “I understand, however, that the bill introduced would also create a private right of action against persons who, in other states, report women for seeking abortions abroad. While I find these “abortion bounty” laws abhorrent, I have serious concerns that this provision could violate constitutionally-protected free speech protections.”

Nadeau says she’s confident the bill would withstand legal challenge.

The bill is co-sponsored by Chairman Phil Mendelson and Councilmembers Anita Bonds (D-At Large), Charles Allen (D-Ward 6), Vincent Gray (D-Ward 7), Christina Henderson (I-At Large), Janeese Lewis George (D-Ward 4), Elissa Silverman (I-At Large), Robert White (D-At Large), and Kenyan McDuffie (D-Ward 5).