Pago Pago, AMERICAN SAMOA — Acting Governor Talauega Eleasalo Ale, who is a former ASG attorney general, responded briefly during last Thursday’s COVID-19 Task Force virtual news conference on the U.S Supreme Court decision, on June 24, that overturned the decades-old Roe v. Wade ruling regarding abortion.

As previously reported by Samoa News, provisions of local abortion law (A.S.C.A 46.3903), state that an authorized abortion is an abortion performed by a physician upon a consenting woman under the following conditions:

•           the life of the patient would be endangered by continuance of the pregnancy; or

•           the continuance of the pregnancy would substantially impair the physical or mental health of the patient. (see Samoa News edition June 30 for details.)

The Supreme Court decision on abortion and the Community Bank of American Samoa proposing to purchase the ASG Territorial Bank of America Samoa were two non-COVID issues Talauega address at the news conference in response to questions sent to the Administration.

Talauega gave a brief response on the Supreme Court decision saying that American Samoa allows abortion in limited situations and both of these situations have to do with the health of the mother. He also provided the provision of local law dealing with abortion in the territory.

“Abortions are allowed in American Samoa provided that it is for the health of the mother [both physical and mental]. And it has to be performed by a physician with a consent by the mother,” Talauega said. “So those are the only two situations were abortions are allowed otherwise, abortions done outside of those two instances are illegal and subject the person involved to felony prosecution.”

“Under the Supreme Court decision, American Samoa’s law remains in place. The case does not prohibit nationwide abortion, it allows states and local statute to govern” it, he said.

Congresswoman Uifa’atali Amata issued a brief statement last week Wednesday to clarify what the Supreme Court ruling means, regarding abortion for American Samoa.

“The Court did not ban abortion; it left the decisions regarding if, when, where, and how the procedure may or may not take place to individual state and territory legislatures, as they enact laws according to their community values,” she said.

“The decision clears the way for each state and territory to enact any parameters that it may choose within constitutional limits,” Uifa’atali points out.

This recent decision puts American Samoa’s abortion law in compliance with the U.S. Constitution, while during the time Roe v. Wade was the law of the land, American Samoa was likely not in compliance although no lawsuits were filed in recent memory to challenge the local law.