This Week in Abortion - September 23
A collection of good reads, events from the week, and occasional insights from me, Rachel Leven.
The first “Good Reads” this week is worth spending time with. Get yourself some coffee (or a drink) and click through the links.
Good Reads
This CNN piece highlights that “men are at the helm” of the no-abortion-for-anyone-anywhere-anytime-with-criminal-charges movement. Why?,
Research found that while men aren't necessarily more likely to consider themselves to be "pro-life" than women, they "are more willing to take the adamant stance of no abortion under any conditions.”
Humans are just so deeply…human. But, before you go thinking gender divides are only an anti-access problem, read this and this and visit this. I have myself asserted that men should be seen and not heard in the abortion debate. These articles left me questioning that attitude.
With local judges across the country acting as gatekeepers on abortion access, judicial races have suddenly become a major battlefield. Traditionally, candidates are cagey about their policy positions and how they might rule in specific cases. Even so, in some states, this election could determine which party controls the supreme court, which would likely affect any abortion-related rulings. Scroll to the “Races to Watch” section for more on supreme court races in Illinois, Ohio, North Carolina, and Michigan.
A view from the anti-camp: This author makes a legal argument against EMTALA protections. Remember, the Biden administration is using EMTALA to ensure protection for abortions in medical emergencies. This issue is likely to end up before the US Supreme Court.
Events in the News
The VA performed its first abortion under new rules designed to protect its employees from state liability in cases of rape, incest, or danger to the life of the pregnant parent.
The anti-camp is calling out Stacey Abrams and a WaPo fact checker (Kessler) for highlighting the misnomer of a “fetal heartbeat” at six weeks. This is not a new debate, but because it’s Abrams there will be new energy behind it. Kessler published a related column yesterday, and National Review already has a response.
(As elections draw near, there will be lots of activity designed to inspire and destined to go nowhere, like this recent back and forth between Wisconsin’s Governor and its GOP legislature. I’m generally going to leave out these “events” unless they are likely to spark broader conversations. As always, let me know if I’ve missed something important.)
Legal Updates
An Indiana judge temporarily blocked the state’s near-total abortion ban, which had been in effect for a week. So, abortions are, once again, legal up to 22 weeks. This will create confusion for doctors and patients, as it has in other states.
Races to Watch: State Supreme Courts
Ohio: The court has three separate GOP seats up for election as challenges to Ohio’s six-week ban wind through the system.
North Carolina: If Republicans manage to get a veto-proof majority in the state legislature, these supreme court races could tip the court in favor of any anti-access legislation they pass.
Michigan: Two seats could decide whether the court remains tilted towards Democrats. Republican Brian Zahra, an incumbent, recently voted against allowing a referendum on abortion rights to appear on the November ballot. Whatever voters decide in November, a legal challenge is likely to appear.
Illinois: Two seats could flip the court in favor of the anti-access activists seeking to chip away at progressive laws in the state. Since I know many of my subscribers are based in and around Chicago I’ll elaborate…
2nd district: “Pro-life” Mark Curran is running against Elizabeth Rochford. It’s doubtful Curran will win, but Republicans are making these end-of-the-ballot races a priority.
3rd district: As an incumbent, Michael J. Burke is favored to win against pro-access candidate Kay O’Brien. Burke may have some connections to an anti-access group that’s suing the state while O’Brien, like Rochford, received an endorsement from Personal PAC, an abortion-rights group.