This Week in Abortion, January 28
A collection of good reads, events from the week, and occasional insights from me, Rachel Leven.
Things are heating up. If you can only read about one issue, I suggest you read about three. The first bullets under each section are worth it.
And, it’s only going to get busier. This Week in Abortion focuses on legislation and events that have the most impact - often because they have (or will soon) become law or because they are part of a larger trend. A lot of things are left out. While all the evidence I see tells me I’m perfect, I recognize you may disagree. Always let me know if you think there is a critical story or event I’ve missed.
Good Reads
In quite a few anti-access states, bills and proposals have been circulating that would punish residents who travel elsewhere to obtain an abortion. According to Poynter, these proposals are ridiculous, unenforceable, and completely unconstitutional. But, as one paper observes, “The conservative legal movement has moved novel, even outlandish, legal theories from laughable to legitimate…as part of an unrelenting campaign.”
As officials in anti-access states continue to work against medicated abortion, it’s worth remembering that their actions affect women’s healthcare well beyond pregnancy.
Wisconsin will elect a new Supreme Court Justice on April 4th in a partisan race that is attracting major dollars and could determine whether the court is more or less inclined to rule in favor of abortion access.
Events in the News
Doctors are increasingly speaking out. This week, OBGYNs in Wisconsin and Nebraska, separately, spoke in favor of access. That none of them stated their religious beliefs or political affiliation was a missed opportunity. The anti-access movement puts forward doctors who wear religion on their sleeves. Countering that with a face in a white coat isn’t a powerful message for the people who most need it. “I’m a person of faith and a conservative, and a medical authority, and I support abortion access,” is ten times more meaningful. I believe that doctors who go to church are set up to be the heroes of the moment if they can just embrace it. And, if the movement can embrace them.
To see the future of healthcare in pro-access states, always look to California. The State just allocated $20 million in grant money “to bolster…physical and digital security” at abortion care facilities.
The Utah House voted to change rules “regarding when a judge can issue a preliminary injunction” in a transparent attempt to remove the hold currently placed on Utah’s abortion ban. The law would apply retroactively, affecting an unknown number of cases that have nothing to do with abortion. Given the basic numbers in Utah’s legislature, it’s safe to assume the resolution will ultimately pass in the Senate. For you super nerds, you can see the committee presentations and testimony here.
Oregon launched the Reproductive Rights Hotline. A team of pro bono lawyers will return calls within 48 hours to answer questions about the status of reproductive health laws in the state and refer callers to other resources.
New York legislators approved an expansion of the constitution’s Equal Protection Amendment to better protect reproductive rights. Voters will be asked to approve the change via referendum in 2024.
Minnesota legislators enshrined into law protections for reproductive health. Abortion has long been legal in the state thanks to rulings by MN’s supreme court, but the new law may help clarify the legal landscape.
Two people were charged with vandalizing anti-abortion health facilities by spray-painting threatening messages on the buildings.
A suspect was arrested and charged with setting fire to the Planned Parenthood in Peoria, IL. He blamed it on his girlfriend’s abortion.
Legal Updates
The latest fight over abortion pills (following FDA rule changes) is starting at a sprint pace. Abortion pill manufacturer GenBioPro sued to overturn West Virginia’s ban, while a doctor in North Carolina sued to overturn that state’s strict regulations, both base their cases on the authority of the FDA. And, there is already a standing lawsuit that “challenges federal approval of mifepristone.” The approval came over 20 years ago and is one that the international community has affirmed many times over.
“A federal judge has ruled that abortion providers in Arizona cannot abort fetuses if the reason for the abortion is because the fetus has a genetic abnormality.”
New Mexico’s AG, “asked the state Supreme Court to nullify [anti] abortion ordinances that local elected officials have passed.”
Florida’s Supreme Court will take up the legal challenge to the 15-week ban. But, the court did not agree to temporarily block the law. Not a great sign.