This Week in Abortion: Some Victories, Legislative Attacks, & Agency Denied
A collection of good reads, events from the week, and policy insights on reproductive health.
Welcome back to This Week in Abortion - Your weekly Substack roundup of good reads, news updates, and policy insights on abortion access.
Of course, just when I try to unplug, everything happens. This week saw a flurry of rulings and statutes on abortion access—so let’s start with the good news: In Michigan, a judge struck down the state’s 24-hour waiting period as unconstitutional; Maryland became the first state to redirect ACA insurance surcharges into an abortion-fund assistance program; and in Kansas, a reproductive-rights group sued to block a new campaign-donor law they say targets abortion supporters.
There’s plenty more—both wins and losses—below. But first, the two biggest stories of recent weeks.
That Budget Bill
You’re probably already reading about the budget bill passed by the House this week and how it pulls back medical and food benefits for millions—while still managing to increase the deficit by trillions. (To be fair, it also increases the child tax credit and adds some other benefits to specific groups, but it definitely appears to cost more than it saves.)
Hopefully, you are also aware that the bill directly attacks reproductive healthcare. It bars Medicaid funds from going to any clinic that offers regular abortion services (even though federal Medicaid already can’t pay for the procedure) and blocks ACA marketplace plans that cover abortion, from receiving new subsidies. Some states require coverage. So, that will be interesting to see play out. If these changes pass the Senate, it could create ripple effects for what is already a shrinking pool of reproductive health and abortion providers.
The U.S. House passed a budget bill early today (May 22) to defund Planned Parenthood, end transgender interventions and help Christian nonprofits and families, all Southern Baptist-supported measures the Ethics & Religious Liberty Commission (ERLC) supports this fiscal year. Baptist Press
In Georgia, Agency is a Precious Gift Denied
Amid all the federal drama, Adriana Smith’s story has probably slipped from the top of your news feed. Declared brain-dead in February, she’s been kept on life support for over 90 days—solely to sustain her pregnancy.
Smith’s story is terrible, from the information out there it seems like her health issues were ignored and she was dismissed off hand as another complaining black woman in a state with among the worst maternal mortality rates in the nation. Then, after all that, her family was told they had no say in what would happen to her. Because there was a live fetus, the hospital felt it had to keep her body going. It did not matter what she, or her family, wanted.
Georgia Attorney General Chris Carr has recently said that he does not believe Georgia’s ban requires doctors to maintain life support in this case. But, the ban’s lead sponsor indicated it could apply. Then, there is commentary out there about Georgia’s (and other state’s) advance directives, which have some issues of their own. Different statutes, same bad outcome.
So much of the coverage of Smith’s story has been framed around the question of whether Adriana Smith should be kept alive and what state of health the fetus might be in. But, there is no “right” decision here, there are only traumatic, deeply personal choices.
Smith’s mother, is clear: “We want the baby. That’s a part of my daughter. But the decision should have been left to us – not the state.”
Abortion bans remove agency when you’re pregnant. Now we know they can dog you for life until you are in a hospital room holding the barely warm hand of your adult child. How full fucking circle is that?
Good Reads
Missouri’s Struggle to Restore Abortion Access [The New Republic]
‘Rolling Thunder’: Inside conservatives’ strategy to curb abortion pill access [Politico]
The Surprising Reason Nevada Hasn’t Repealed a 1911 Abortion Ban [The New Republic]
Abortion-rights groups denounce censorship on Meta-owned apps in Latin America and beyond [Associated Press]
Her miscarriage showed the limits of California’s abortion protections. Where you live matters [Cal Matters]
Federal
👎RFK Jr orders mifepristone review as anti-abortion groups push for ban [The Guardian]
👎EEOC's Biden-era rule on abortion protections for workers struck down by judge [Reuters]
👍Abortion providers challenge FDA’s remaining mifepristone restrictions in federal court [States Newsroom]
The States (and territories)
California
👎‘Shocking’ and ‘plain cruel’: Health advocates say Newsom’s Medi-Cal budget could cripple women’s reproductive care [Cal Matters]
👎25-year-old suspect in fertility clinic bombing left behind ‘anti-pro-life’ writings, officials say [Associated Press]
Florida
👎Florida appeals court strikes down law letting minors get an abortion without parents’ consent. [Associated Press]
Kansas
👍Kansas group fights campaign donor law it sees as a response to its success defending abortion [Associated Press]
Lousiana
👍Louisiana judge lets suit against anti-abortion law proceed [WWNO]
👎Louisiana looks to expand liability for abortions, which could lead to more lawsuits [Louisiana Illuminator]
👎Louisiana investigates second case against New York doctor over mailing abortion pills [Louisiana Illuminator]
Maryland
👍Maryland Signs Groundbreaking Abortion Access Bill into Law, Advancing the Promise of the Affordable Care Act [National Health Law Program]
Michigan
👍Court strikes down Michigan’s 24-hour waiting period for abortions [Michigan Advance]
Missouri
👎Missouri Republicans shut down Senate debate to pass abortion ban, repeal sick leave law [Missouri Independant]
South Carolina
👎South Carolina Supreme Court decides heartbeat definition allows six-week abortion ban [Associated Press]
Texas
😒A Texas effort to clarify abortion ban reaches a key vote, but doubts remain [Associated Press]; For more on this bill see That which we call an exception and There is Always a Catch
Charge dismissed against woman accused of attempting to flush fetus due to insufficient evidence, records show [KSAT]
👎Texas Legislature moves to build Texas Life Memorial on Capitol grounds [Texas Tribune]
Wisconsin
👍Assembly passes bipartisan health care bills including letting pharmacists prescribe birth control [Wisconsin Examiner]