Reproductive Rights Prof Blog

Editor: Caitlin E. Borgmann
CUNY School of Law

A Member of the Law Professor Blogs Network

Monday, April 7, 2014

With Loss of Abortion Clinics, Women Resort to Self-Induced Abortions

The Huffington Post:  The Return Of The Back-Alley Abortion, by Laura Bassett:

. . . The proliferation of well-trained, regulated, legal abortion doctors in the last 40 years has led to "dramatic decreases in pregnancy-related injury and death," according to the National Abortion Federation.

Now, however, Texas and other states are reversing course. State lawmakers enacted more abortion restrictions between 2011 and 2013 than they had in the previous decade, a trend that appears likely to continue in 2014. The Guttmacher Institute estimates that nearly 300 anti-abortion bills are currently pending in state legislatures.

The new restrictions have had a significant impact on women's access to abortion. . . .

. . .  The poorest area of Texas, the Rio Grande Valley near the Mexican border, has no remaining abortion clinics. Women who live there have to drive roughly 240 miles to San Antonio for the nearest clinic, but many of them are Mexican immigrants with restrictions on their work visas that prevent them from traveling that far.

In addition, the state has slashed funding for family planning, forcing 76 clinics that offer birth control and other reproductive health services but do not perform abortions to shut down.

"It's a horrible natural experiment that is taking place in Texas, where we are going to see what happens in 2014 when U.S. women don't have access to legal, safe abortion," said Dan Grossman, vice president of research for Ibis Reproductive Health, an international nonprofit. . . .

April 7, 2014 in Abortion, Poverty, Targeted Regulation of Abortion Providers (TRAP) | Permalink | Comments (0) | TrackBack (0)

Thursday, April 3, 2014

Hobby Lobby's Retirement Plan Includes Investments in Companies That Make Abortion Drugs

The Washington Post:  Antiabortion company Hobby Lobby reportedly invests retirement funds in abortion drugs, by Gail Sullivan:

“Being Christians, we don’t pay for drugs that might cause abortions … something that is contrary to our most important beliefs. It goes against the biblical principles on which we have run this company since day one,”  Hobby Lobby founder David Green wrote in an article for USA Today.

Hobby Lobby is so committed to those principles that it’s gone to the U.S. Supreme Court to challenge a provision in the Affordable Care Act that it says requires it to provide access to insurance covering birth control for its employees, some forms of which it equates with abortion.

No wonder then, the glee emanating from some quarters Tuesday when Molly Redden of Mother Jones reported that the company’s retirement plan holds $73 million in mutual funds with investments in companies that make abortion drugs. . . .

April 3, 2014 in Abortion, Contraception, Religion and Reproductive Rights | Permalink | Comments (0) | TrackBack (0)

Sunday, March 16, 2014

Joint Birthing Center and Abortion Clinic Opens in Buffalo, New York

Jezebel: New Birthing/Abortion Clinic in New York Could Change Everything, by Hillary Crosley:

Last month, the first ever birthing center that also houses an abortion clinic opened in Buffalo, New York and it’s called Buffalo WomenServices. The space is one of the first where both the pro-choice and birthing communities coexist beneath the same roof, explicitly. Mind Blown. . . .

March 16, 2014 in Abortion, Pregnancy & Childbirth | Permalink | Comments (0) | TrackBack (0)

Saturday, March 15, 2014

Michigan Law Takes Effect Requiring Women To Purchase Separate Insurance for Abortions -- Even for Rape and Incest

The Huffington Post: Michigan's 'Rape Insurance' Abortion Rider Law Goes Into Effect Today, by Ashley Young: 

Starting Thursday in Michigan, a woman must purchase an additional insurance policy if she wants reimbursement for an abortion, unless her life is at stake.

The new law drops coverage of most abortions from existing policies -- even to terminate a pregnancy resulting from rape or incest. Women who buy their own individual policies, rather than getting coverage through an employer-based plan, won't be able to purchase the additional coverage, called an abortion rider, from Michigan insurers. . . . 

March 15, 2014 in Abortion, Sexual Assault, State Legislatures | Permalink | Comments (0) | TrackBack (0)

Saturday, March 1, 2014

Gov. Brewer Vetoes Offensive Arizona Bill Sanctioning Discrimination Against Gays and Lesbians, But Abortion Seen as Fair Game

The New York Times: Day After Governor’s Veto, Arizona Takes Up Abortion Clinics, by Fernanda Santos:

A day after being reprimanded by Gov. Jan Brewer, a Republican, for failing to heed her call for action on the budget and the state’s child welfare agency, Arizona’s Republican-led House of Representatives promptly took up a new piece of social legislation on Thursday that would permit the surprise inspection of abortion clinics in the state.

The measure, which would also require the clinics to report “whenever an infant is born alive after a botched abortion,” was championed by the Center for Arizona Policy, the same powerful Evangelical Christian group that pushed a bill Ms. Brewer vetoed on Wednesday  that would have made it easier for businesses to refuse service to gay men, lesbians and other people on religious grounds. . . . 

The New York Times -- opinion column: Arizona Sort of Helps Out, by Gail Collins: 

It’s been quite a week in Arizona. First, the Legislature passed a bill that, in effect, gave businesses the right to discriminate against gay couples. The state’s actual business community was horrified. Everybody from Mitt Romney to Newt Gingrich was ticked off.

Gov. Jan Brewer vetoed the bill, pointing out acerbically that the lawmakers had not managed to send her anything whatsoever on critical issues — like, say, the budget — while they labored with remarkable efficiency on behalf of theologically troubled wedding photographers.

Chastened, the very same elected officials trotted back to their posts and immediately took up the subject of surprise inspections of abortion clinics. . . .

March 1, 2014 in Abortion, State Legislatures | Permalink | Comments (0) | TrackBack (0)

Thursday, February 27, 2014

Rolling Stone Debunks Myths About Abortion

Rolling Stone: The Seven Most Common Lies About Abortion, by Lauren Rankin:

Debunking anti-choice misinformation about women's health

Chances are, you know someone who has had an abortion. Statistically, it's a near-certainty: In the U.S., one in three women will have an abortion by the age of 45. But despite how incredibly common abortion is, it remains mired in stigma and misinformation. Much of what we may think we know about this subject is actually outright lies told by abortion opponents to dissuade women out of seeking safe and legal abortion care. . . .

February 27, 2014 in Abortion, Anti-Choice Movement | Permalink | Comments (0) | TrackBack (0)

Wednesday, February 26, 2014

Pennsylvania Mother Charged with Felony for Helping Daughter Order Illegal Abortion Drugs

Feministing: Mother Charged With a Felony for Helping her Daughter Order Illegal Abortion Drugs Online, by Maya Dusenbery:

Well well well. The anti-choice claim that criminalizing abortion won’t lead to people being thrown in jail for ending their pregnancies is becoming harder to sustain. These days, even mothers who help their daughters get the abortions they want can be charged. . . .

February 26, 2014 in Abortion, Teenagers and Children | Permalink | Comments (0) | TrackBack (0)

Friday, February 7, 2014

Map of Bans on Abortion Insurance Coverage

MotherJones: MAP: The Republican Crusade to End Insurance Coverage of Abortion, by Molly Redden:

Lawmakers have tried to eliminate private insurance coverage for abortion in 20 states.

Last week, the GOP-led House of Representatives passed the No Taxpayer Funding for Abortion Act, a bill that would radically limit Americans' ability to buy private-sector health insurance that covers abortion. With the Senate under Democratic control and Barack Obama in the White House, the bill is doomed to fail. But abortion foes can rest easy. Although their momentum has stalled on Capitol Hill, there is a quiet campaign underway in states across the country to outlaw private-insurance coverage of abortion—and it's working. . . .

February 7, 2014 in Abortion | Permalink | Comments (0) | TrackBack (0)

Thursday, February 6, 2014

Caitlin Borgmann on the Importance of the Facts Underlying Abortion Legislation

My commentary, In Abortion Litigation, It's the Facts that Matter, has been published by the Harvard Law Review Forum.  Here is a summary:

This brief commentary argues that courts need to do a better job of closely examining the facts underlying abortion legislation.  Courts applying the undue burden standard generally demand from the plaintiffs fact-intensive proof that an abortion law will cause harm. At the same time, courts are highly deferential to the states’ own fact-based assertions about why these laws are needed.  Although the “purpose prong” of the undue burden standard has largely been written off as toothless, courts can smoke out illegitimate purposes indirectly by looking more skeptically at the factual foundations supposedly necessitating abortion laws.  Recent challenges to virtually identical abortion restrictions have turned on judges’ willingness or refusal to examine more closely the governments’ factual assumptions.  This explains the opposite (preliminary) conclusions reached by the Fifth and Seventh Circuits, respectively, on the constitutionality of laws requiring abortion providers to obtain admitting privileges at nearby hospitals, an issue the Supreme Court appears likely to consider.

February 6, 2014 in Abortion, Scholarship and Research, Targeted Regulation of Abortion Providers (TRAP) | Permalink | Comments (0) | TrackBack (0)

State Court Judge Temporarily Blocks New Alaska Rules on Medicaid Funding for Abortions

Anchorage Daily News/AP: Judge grants restraining order against state in abortion rules case:

An Anchorage judge has approved a temporary restraining order on the state’s new rules further defining a medically necessary abortion for purposes of Medicaid funding.

Judge John Suddock approved the order Tuesday at the request of Planned Parenthood of the Great Northwest, which has sued the state. . . .

February 6, 2014 in Abortion, In the Courts, Poverty, State and Local News | Permalink | Comments (0) | TrackBack (0)

U.N. Committee Report Blasts Vatican for Policies on Sexual Abuse and Attitudes on Sexuality, Contraception, and Abortion

VaticanThe Huffington Post/AP: UN Report Denounces Vatican For Sex Abuse And Stands On Contraception, Abortion And Homosexuality, by Nicole Winfield:

The Vatican "systematically" adopted policies that allowed priests to rape and molest tens of thousands of children over decades, a U.N. human rights committee said Wednesday, urging the Holy See to open its files on pedophiles and bishops who concealed their crimes.

In a devastating report hailed by abuse victims, the U.N. committee severely criticized the Holy See for its attitudes toward homosexuality, contraception and abortion and said it should change its own canon law to ensure children's rights and their access to health care are guaranteed. . . .

February 6, 2014 in Abortion, Contraception, Religion, Religion and Reproductive Rights, Sexual Assault, Sexuality | Permalink | Comments (0) | TrackBack (0)

Wednesday, February 5, 2014

State Court Blocks Montana From Defending Abortion Parental Consent Laws

The Missoulian: Montana AG barred from defending abortion consent laws, by Charles S. Johnson:

A Helena district judge has blocked the state from defending two state laws that require minors to obtain parental consent before obtaining abortions.

Planned Parenthood of Montana, which challenged the laws, claimed victory Tuesday. A spokeswoman said the group now will ask District Judge Jeffrey Sherlock of Helena to permanently enjoin the two laws to stop them from being enforced. . . .

February 5, 2014 in Abortion, In the Courts, State and Local News, Teenagers and Children | Permalink | Comments (0) | TrackBack (0)

U.S. Abortion Rate at a 40-Year Low

The New York Times: Abortions Declining in U.S., Study Finds, by Erik Eckholm:

The abortion rate among American women declined to its lowest level in more than three decades in 2011, according to a new report released Monday that is widely considered the country’s most definitive examination of abortion trends. . . .

The decline in abortions from 2008 to 2011 was mirrored by a decline in pregnancy rates. . . .

February 5, 2014 in Abortion, Pregnancy & Childbirth | Permalink | Comments (0) | TrackBack (0)

Sunday, February 2, 2014

Abortion a Divisive Issue in North Carolina Race for U.S. Senate

CharlotteObserver.com: Abortion question divides North Carolina’s U.S. Senate candidates, by Renee Schoof & John Frank:

North Carolina’s fiercely competitive U.S. Senate race could turn on one of the most divisive issues in politics.

The abortion question shows up the stark contrast between incumbent Democrat Kay Hagan and her GOP challengers. . . .

February 2, 2014 in Abortion, Congress, Politics | Permalink | Comments (0) | TrackBack (0)

Saturday, February 1, 2014

New Yorker Provides Interactive Chart Showing Vanishing Abortion Providers in U.S.

The New Yorker: Interactive Chart: America's Vanishing Abortion Providers:

In this week’s issue of the magazine, Eyal Press investigates American Women’s Services, a troubled chain of abortion clinics run by a physician named Steven Brigham. . . .

The existence of such clinics, which cater mostly to low-income women with limited options, is not entirely surprising. As reputable doctors, hospitals, and medical schools have increasingly distanced themselves from abortion, substandard providers have materialized to fill the void. The interactive chart above, based on data from the Guttmacher Institute, shows the number of abortion providers in the United States for various years from 1973 to 2008. . . .

February 1, 2014 in Abortion | Permalink | Comments (0) | TrackBack (0)

Wednesday, January 29, 2014

Lone Republican to Vote Against House Anti-Abortion Bill Explains His Vote

Richard Hannasyracuse.com: Why Rep. Richard Hanna stood alone on House Republican abortion bill, by Mark Weiner:

U.S. Rep. Richard Hanna explained today why he voted against his House Republican colleagues on a bill that bans federal payments for abortions.

Hanna, R-Barneveld, was the only Republican to vote against the legislation, which passed the House Tuesday night by a vote of 227-188. . . .

January 29, 2014 in Abortion, Congress | Permalink | Comments (0) | TrackBack (0)

House Republicans Pass Multi-Pronged Anti-Abortion Bill

The Huffington Post: House Republicans Pass Sweeping Anti-Abortion Bill, by Laura Bassett:

The House of Representatives passed a bundle of abortion restrictions Tuesday that would dramatically reduce the number of health insurance plans that cover the procedure. The vote was 227 to 188, with one lawmaker voting present

The No Taxpayer Funding for Abortion Act (H.R. 7), sponsored by Rep. Chris Smith (R-N.J.), would prohibit insurance plans sold in the new health care exchanges from covering abortion, and it would eliminate tax benefits for small businesses that purchase insurance plans covering abortion. The bill would also prevent the District of Columbia from using its own locally raised funds to subsidize abortion care for low-income women. . . .

January 29, 2014 in Abortion, Congress | Permalink | Comments (0) | TrackBack (0)

Monday, January 27, 2014

Republican Leaders Persist in Attacks on Women's Rights

Repub elephantThe New York Times editorial: A Formula for Repelling Women Voters:

Republican leaders have chosen an odd way to try to win back female voters alienated by relentless G.O.P. attacks on women’s health care and freedoms. Instead of backing off, they’re digging in, clinging to an approach that gave President Obama a 12-point advantage among women in the 2012 election and provided the slim margin of victory for Terry McAuliffe, the Democratic candidate for governor in Virginia, in 2013. On the national level and even in some red states, the party’s stance on women’s rights is plainly not helping it.

Yet the ideological tide rolls on. States dominated by Republicans continue to enact new abortion restriction. The Republican National Committee last week heard Mike Huckabee, the former governor of Arkansas, suggest that Democrats favor universal access to free contraception because they think women “cannot control their libido” without the help of “Uncle Sugar.” And this week, the Republican-led House is expected to pass the deceptively named No Taxpayer Funding for Abortion Act. . . .

January 27, 2014 in Abortion, Congress, Contraception | Permalink | Comments (0) | TrackBack (0)

Friday, January 24, 2014

A Philosopher Examines Whether Pope Francis's Position on Abortion Comports with Reason

The New York Times - The Stone blog: Should Pope Francis Rethink Abortion?, by Gary Gutting:

Pope Francis has raised expectations of a turn away from the dogmatic intransigence that has long cast a pall over the religious life of many Roman Catholics. His question “Who am I to judge?” suggested a new attitude toward homosexuality, and he is apparently willing to consider allowing the use of contraceptives to prevent sexually transmitted diseases. But his position on what has come to be the hierarchy’s signature issue — abortion — seems unyielding. “Reason alone is sufficient to recognize the inviolable value of each single human life,” he declared in his recent apostolic exhortation, “Evangelii Gaudium,” adding: “Precisely because this involves the internal consistency of our message about the value of the human person, the church cannot be expected to change her position on this question.”

I want to explore the possibility, however, that the pope might be open to significant revision of the absolute ban on abortion by asking what happens if we take seriously his claim that “reason alone is sufficient” to adjudicate this issue. . . .

January 24, 2014 in Abortion, Religion and Reproductive Rights | Permalink | Comments (0) | TrackBack (0)

Wednesday, January 22, 2014

President Obama's Statement on Anniversary of Roe v. Wade

Obama3White House press release: Statement by the President on Roe v. Wade Anniversary:

Today, as we reflect on the 41st anniversary of the Supreme Court decision in Roe v. Wade, we recommit ourselves to the decision’s guiding principle: that every woman should be able to make her own choices about her body and her health.  We reaffirm our steadfast commitment to protecting a woman’s access to safe, affordable health care and her constitutional right to privacy, including the right to reproductive freedom.  And we resolve to reduce the number of unintended pregnancies, support maternal and child health, and continue to build safe and healthy communities for all our children.  Because this is a country where everyone deserves the same freedom and opportunities to fulfill their dreams.

January 22, 2014 in Abortion, President/Executive Branch, Supreme Court | Permalink | Comments (0) | TrackBack (0)