Friday, April 20, 2018
Human Rights Watch (April 16, 2018): A Backward Step for Reproductive Rights in Chile, by José Miguel Vivanco:
Last year, under former Chilean president Michelle Bachelet, Chile's Congress passed reproducive health reform that lifted a 28-year blanket ban on abortions in the country. While the reform did not make abortion wholly available, it removed the ban under three circumstances: when the pregnant person's life is at risk; if the pregnancy is a result of rape; and if the fetus is deemed "not compatible with life outside the womb."
Even with the reform--upheld as constitutional in August 2017--several barriers remained in place even under these circumstances. For example, doctors and whole hospitals could invoke a right not to perform abortions on the basis of conscience. If they chose to invoke this right, though, the original reform required a stated reason for abstaining and also required those abstaining to register as such in a timely manner. The goal of this rule was to ensure continuity of coverage at a hospital, so that pregnant persons qualifying for an abortion would not be denied one due to lack of access.
Under current Chilean President Sebastián Piñera, the requirement of providing a reason for objecting to performing abortions, along with the requirement of assurance of continuity of coverage, were dropped completely.
These rule modifications were issued by the Health Ministry and have international human rights groups concerned that the reproductive health of women and girls will not be protected in Chile.
For example, a person pregnant with a non-viable fetus, or a pre-teen rape victim, might find themselves unable to receive an abortion, because the local hospital does not want to potentially offend politicians or invoke the wrath of anti-abortion groups. As such, the only potential abortion-provider in a given town has chosen "on the basis of conscience" not to provide them and will not be required to justify that decision. Human Rights Watch recommends that
The Chilean government should review and amend the rules to ensure that access to legal abortion is protected. Otherwise it risks letting conscientious objection be used as a pretext to deny important newly recognized rights of women and girls.
Wednesday, April 11, 2018
NPR News (Apr. 9, 2018): Reproductive Rights Advocates Challenge Dozens Of Mississippi Abortion Restrictions, by Sarah McCamon
Abortion rights advocates with the Center for Reproductive Rights (CRR) and the Mississippi Center for Justice are challenging dozens of Mississippi's abortion restrictions in federal court. The state's Republican governor, Phil Bryant, recently signed the most restrictive abortion law in the country, banning abortion after 15 weeks gestation.
Last month, in response to a suit from CRR, a judge quickly moved to temporarily block the 15-week abortion ban in Mississippi.
Among the restrictions named in the new suit are a 24-hour waiting period for women seeking an abortion; a ban on physicians using telemedicine to provide abortion consultation or dispense medication abortions; and rules known as "TRAP" laws that abortion-rights attorneys and the U.S. Supreme Court say place unnecessarily cumbersome health and safety regulations on facilities that provide abortions. In 2016, the Supreme Court struck down similar rules in Texas in Whole Woman's Health v. Hellerstedt.
The suit's lead plaintiff is Jackson Women's Health Organization, the only clinic providing abortions in Mississippi.
Nancy Northup, CRR President & CEO, said she's hopeful the challenge to Mississippi's longstanding 24-hour-waiting period could set up an opportunity to revisit laws surrounding similar requirements, which have been upheld by the Supreme Court in the past, as in Planned Parenthood v. Casey.
Thursday, April 5, 2018
St. Louis Public Radio (Apr. 4, 2018): Missouri Republicans push several abortion proposals during second half of 2018 session, by Marshall Griffin & Erin Achenbach
The Missouri House of Representatives on Tuesday passed legislation designed to ban abortions at 20 weeks, relying on the same medically inaccurate "pain-capable" language used to pass similar 20-week bans in other states. The bill passed 117-39 and now goes to the Missouri Senate.
Meanwhile, a House committee is considering four other proposals. They include a proposed constitutional amendment that would declare fetuses at every stage of development to be persons, and in effect abolish abortion in Missouri. The measure is sponsored by Rep. Mike Moon, R-Ash Grove. This is the third year in a row Moon has sponsored the so-called “personhood” amendment. The measure passed the Missouri House in 2016 but fell short in the Senate.
House Bill 2589, sponsored by Rep. Holly Rehder, R-Sikeston, comes as a response to a St. Louis Board of Aldermen bill that would call for a buffer zone for health care centers and prohibit certain activities, such as picketing, in front of facilities like Planned Parenthood, which provides abortion services in St. Louis. Rehder’s bill would prohibit buffer zones.
The House committee also heard a bill that would make it a felony to transport a minor across state lines to obtain an abortion without the parental consent already required by Missouri law.
Finally, Rep. Shamed Dogan, R-Ballwin, introduced House Bill 1867, which would prohibit certain selective abortions relating to sex, race, or Down syndrome.
No action was taken on the four bills heard in committee Tuesday.
Thursday, March 29, 2018
Gambit (Mar. 26, 2018): Legislation, lawsuit show push-pull over abortion rights in Louisiana, by Kat Stromquist:
As a legal battle rages over neighboring Mississippi's recent ban on abortions after 15 weeks of pregnancy, similar legislation and a lawsuit demonstrate ongoing tensions over the right to obtain an abortion in Louisiana.
The Louisiana Senate Judiciary Committee plans to consider two bills that could further restrict abortion access in the state, including a 15-week ban that mirrors the temporarily enjoined Mississippi law. Meanwhile, Planned Parenthood Gulf Coast and Planned Parenthood Center for Choice have filed suit against the Louisiana Department of Health over what the organization says is an unnecessary delay in the processing of an abortion license for its Claiborne Avenue health center in New Orleans.
It's not clear how much support the 15-week ban will attract among Louisiana legislators, but the bill's primary sponsor, Sen. John Milkovich, D-Keithville, has a key ally: Louisiana Governor John Bel Edwards. Edwards, a Democrat, opposes abortion and announced on his monthly radio program that he would likely sign a 15-week ban that made it to his desk.
In New Orleans, Planned Parenthood has moved to expand the availability of abortions. In February, the group filed a lawsuit seeking an injunction against the Louisiana Department of Health. Planned Parenthood alleges that the Department is deliberately delaying the processing of its application for an abortion license at its Claiborne Avenue facility. If approved, it would be the first Planned Parenthood clinic in Louisiana to offer abortion services.
In the absence of a license — and as its lawsuit against the Department of Health proceeds — Planned Parenthood's hands are essentially tied.
Louisiana, which lost one of its few remaining abortion clinics last year, remains a very difficult and hostile environment for abortion rights advocates and for access to abortion care. According to Guttmacher Institute data, there were seven clinics operating in Louisiana in 2011. Today, following year after year of newly enacted state restrictions on abortion providers, there are just three clinics remaining in operation. Planned Parenthood hopes to raise that number to four.
Friday, March 23, 2018
JURIST (Mar. 22, 2018): UN human rights committee to Poland parliament: reject anti-abortion bill, by David Zwier:
This week, Poland's parliament will debate the bill "Stop Abortion," which would ban abortion in cases of severe fetal anomaly. Currently, this is one of only three bases on which a person can terminate a pregnancy in Poland. Poland is known to have some of the most restrictive abortion laws throughout Europe.
A committee of experts under the UN Human Rights Council has urged the parliament to reject the bill, citing that such restrictions will threaten women's equality and autonomy as well as violate their rights to privacy and health while also putting pregnant persons at risk of cruel and inhuman treatment. Forcing the continuation of a pregnancy, they say, violates an individual's fundamental human rights.
In 2016, Poland rejected a bill outright outlawing abortion, in part many believe as a response to protests over it. The UN experts have not received a response to their recent communications regarding the current pending legislation.
Wednesday, March 21, 2018
The Hill (Mar. 20, 2018): Judge blocks Mississippi law banning abortions after 15 weeks, by Rebecca Savransky:
The Gestational Age Act, signed into law by Mississippi Governor Phil Bryant on March 19, has already been judicially blocked.
The law bans abortions after 15 weeks and is the toughest restriction on abortion in the nation.
In response to the legislation, Mississippi's only abortion clinic sued, and U.S. District Judge Carlton Reeves granted a temporary restraining order on Tuesday, March 20.
Mississippi was already one of the toughest states in which to receive an abortion before the new law was signed. The state requires people seeking abortions to receive counseling and to wait 24 hours before receiving the procedure.
NPR (Mar. 19, 2018): Mississippi Governor Signs Nation's Toughest Abortion Ban Into Law, by Jenny Gathright:
Mississippi Governor Phil Bryant signed into law the Gestational Age Act on Monday, March 19, officially banning abortions after 15 weeks of pregnancy. The legislature had initially passed the bill on March 8, 2018.
There is only one clinic in Mississippi that performs abortions; they have already sued the state in response to the legislation.
After signing the bill, the Governor said: "We are saving more of the unborn than any state in America, and what better thing we could do...We'll probably be sued here in about a half hour, and that'll be fine with me. It is worth fighting over."
Friday, March 16, 2018
CNN (Mar. 14, 2018): Ohio judge blocks legislation preventing abortions in Down syndrome cases, by Lauren del Valle:
An Ohio federal district court judge blocked legislation that would have banned abortion in cases where a fetus is diagnosed with Down syndrome.
Thursday, March 8, 2018
ThinkProgress (Feb. 28, 2018): Mississippi is perilously close to passing a big crackdown on reproductive rights, by Amanda Michelle Gomez:
A committee of lawmakers in the Mississippi Senate passed House Bill 1510, which would ban abortions after 15 weeks of pregnancy. While the bill provides exceptions for medical emergencies or certain cases of fetal abnormalities, it does not except rape or incest. The House originally proposed and passed the bill earlier in February of this year.
Mississippi Governor Phil Bryant (R) has previously stated his goal is to completely end abortions in Mississippi, and has affirmed he would sign the bill if it lands on his desk.
Mississippi already proscribes abortions after 20 weeks, a law that was originally defended on the basis of preventing fetal pain, despite research that shows a fetus may not feel pain until 27 weeks.
As many people do not find out they are pregnant for several weeks, or even months, pro-choice advocates are concerned about the difficulty a 15-week ban imposes on persons who would seek an abortion but do not discover their pregnancy in time.
20-week bans have been proposed and judicially struck down in Arizona and Idaho, however there has been no challenge yet to Mississippi's current 20-week ban. It's likely the new bill, if made law, would be challenged in court.
Wednesday, February 14, 2018
ProMedica Toledo Hospital authorizes patient-transfer agreement with Toledo, Ohio's last abortion clinic
Toledo Blade (Feb. 12, 2018): ProMedica authorizes patient-transfer agreement with Toledo's last abortion clinic, by Mark Reiter and David Patch:
Following a 5-2 Ohio Supreme Court ruling issued on February 6th ordering the closure of Toledo, Ohio's last abortion clinic for violating state law, the future of the clinic and of abortion access in northwest Ohio looked all too grim...until this past Monday the 12th.
After hours of protesting near ProMedica Toledo Hospital on Monday to call on ProMedica to enter into a patient-transfer agreement that would keep Capital Care Network, Toledo’s last abortion clinic, open, the hospital system’s board of trustees authorized the agreement.
In its decision ordering Capital Care Network to close, the Ohio Supreme Court cited that the clinic's hospital transfer agreement with the University of Michigan in Ann Arbor did not comply with the Ohio Department of Health's 30-minute transport time standard. The department had revoked Capital Care Network's license in 2014.
Following the enactment of a 2013 law requiring all abortion clinics in Ohio to maintain emergency patient-transfer agreements with local hospitals, Capital Care Network sued the state, arguing that the law presented an undue burden on abortion access in Ohio. While the lower courts sided with the clinic, the Ohio Supreme Court refused to tackle the state law's constitutional issues, instead finding that the state "had authority to revoke Capital Care's license based on the failure to comply with the administrative rule" promulgated by the Ohio Department of Health. Unless Capital Care Network could sign an agreement with a hospital within the 30-minute travel requirement, it would be forced to close.
Capital Care previously maintained an agreement with the University of Toledo Medical Center until 2013, when the hospital opted not to renew it. The Ohio legislature then prohibited publicly funded universities from providing transfer agreements to abortion clinics.
In its statement announcing the new agreement with Capital Care, ProMedica spokesperson Tedra White wrote, “entering into this agreement aligns with ProMedica’s mission and values, including our focus on being a health system dedicated to the well-being of northwest Ohio and our belief that no one is beyond the reach of life-saving health care.” “Furthermore," she wrote, "we believe that all individuals should have access to the best care in their neighborhoods.”
Jennifer Branch, an attorney representing Capital Care, said that once she obtains a copy of the transfer agreement, she will file documents with the Ohio Department of Health to halt license-revocation proceedings against the clinic.
Ohio has endured a wave of new laws restricting access to abortion care across the state over the past few years. Under Governor John Kasich, the number of abortion clinics in Ohio has dropped from sixteen to eight. Three are in the Cleveland-Akron area, two in Columbus, and one each in Toledo, Dayton, and Cincinnati. For now, thanks to ProMedica, the number will stand at eight.
Tuesday, February 13, 2018
Cosmopolitan (Feb. 6, 2018): Planned Parenthood Will Launch 10 New Video Chat Abortion Locations in 2018, by Jennifer Gerson Uffalussy:
A safe, early-pregnancy abortion option has been making waves across the United States since Planned Parenthood began its telemedicine abortion pilot program in Iowa in 2008.
Telemedicine abortions enable those seeking a pregnancy termination to meet with a nurse in a local clinic where both patient and nurse loop in an abortion-providing doctor via video chat. The doctor consults with the patient to determine that they are a good candidate for early pregnancy termination and then authorizes the nurse to dispense two small pills to the patient. The patient takes the first pill in the office in the presence of the nurse and doctor and then later takes the second pill at home. The pregnancy is terminated within a day or two.
These medications have become known at "the abortion pill" and include both mifepristone and misoprostol, which work together first to block the hormones a woman's body needs to sustain a pregnancy and then to empty her uterus. The FDA-approved abortion pills are for ending pregnancies less than 10 weeks along. A study of Planned Parenthood's telemedicine pilot program found that access to telemedicine abortions decreased second-trimester abortions throughout the state. Second-term abortions require surgical procedures and can carry increased risks.
Although abortion is legal in all 50 states, many states have tightened their restrictions on abortion access, making it very difficult for a person facing an unwanted pregnancy to safely terminate it. Restrictions such as mandatory waiting periods and insurance limitations are compounded in states with very few clinics that can perform abortions. In fact, about 90% of counties in the U.S. do not have an abortion provider.
Telemedicine allows a patient to meet with an abortion provider even if she doesn’t live near one. Instead of driving long distances, women can go to a closer clinic or Planned Parenthood and video-chat a live, somewhere-in-state abortion provider who prescribes and (virtually, via on-site clinic staff) hands over the meds. “There is no increased risk of complications with a telemedicine visit,” says Daniel Grossman, MD, director of Advancing New Standards in Reproductive Health at the UCSF Bixby Center for Global Reproductive Health. He led a groundbreaking study published last fall that found telemedicine abortions are just as safe as those in which a woman swallows mifepristone in the same room as a physician.
While mifepristone has so far demonstrated a highly-safe success rate (its rates of complications are fewer than most common pain relievers), it cannot be obtained over-the-counter; instead a clinic, hospital, or doctor's office must dispense it.
Some states will allow a pregnant person to video chat with a doctor from her home and then receive both pills in the mail. Since 2008, though, 19 states have challenged the expansion of telemedicine abortions by passing laws that specifically require mifepristone to be dispensed "in the physical presence of the prescribing clinician."
Planned Parenthood continues to expand its telemedicine program despite the challenges. It has now established 24 telemedicine locations in the nation and plans to add at least 10 additional locations--some in new states--throughout this year.
To find out if telemedicine abortion is available in your area, call the national Planned Parenthood hotline at 800-230-PLAN.
February 13, 2018 in Abortion, Abortion Bans, Anti-Choice Movement, Current Affairs, In the Media, Medical News, Politics, Pregnancy & Childbirth, Pro-Choice Movement, Reproductive Health & Safety | Permalink | Comments (0)
Saturday, February 3, 2018
Washington Post (January 31, 2018): Millennials have a surprising view on later-term abortions, by Eugene Scott:
This past Monday, the United States Senate voted to block a proposed 20-week ban on abortion care approved by the House of Representatives. A Quinnipiac poll from January 2017, however, may reveal the unpopularity of later-term abortion with millennial voters. At the very least, Scott posits, the controversy around later-term abortion will continue into the next generation.
The poll found that 49 percent of respondents ages 18 to 34 would support a ban on abortions after 20 weeks of pregnancy. Only individuals aged 35 to 49 responded more favorably to a proposed ban. The survey found that 35 percent of millennials think abortion should be legal in all cases, while 9 percent of millennials think abortion should be illegal in all cases.
The Senate voted 51 to 46 on a procedural hurdle, falling short of the 60 votes needed. Democratic senators like Angus King (I-ME) explained that more than 99% of abortions in the United States take place before 20 weeks, and that the proposed ban is "a solution in search of a problem."
Young anti-choice activists hope that an opposition to later-term abortion care will resonate with a wide swath of young voters. Maria, Lebron, a 19-year old student at Catholic University, hopes to shift the anti-choice movement away from its religious and political affiliations to a movement that emphasizes standing for "the baby" and for "the mother." "It cannot only be focused on the unborn," Lebron says.
The culture battle over abortion isn't over, Scott argues, and 45 years after Roe v. Wade, millennials show little sign of resolving the issue.
Monday, November 6, 2017
San Antonio Current (Nov. 2, 2017): Texas' Ban on Safe Abortion Procedure Goes to Court, by Alex Zielinski
The trial fighting Texas' latest anti-abortion law, Senate Bill 8, began last week. Whole Woman's Health sued Texas in July after the governor signed SB 8 into law.
SB 8 would completely prohibit dilation and evacuation (D&E) abortion procedures, require clinics to bury the remains of any abortion, and prohibit hospitals from donating aborted fetal tissue to medical research.
The current lawsuit, though, only challenges the ban on D&E abortions. Dilation and evacuation abortions are considered one of the safest procedures for abortions after 13 weeks. The ban does not allow for exceptions in the cases of rape or incest. The only alternatives to a D&E procedure for a woman seeking an abortion are either inducing labor and forcing delivery of the fetus or a surgery similar to a hysterectomy. Both options are risky and expensive.
In August, U.S. District Judge Lee Yeakel temporarily blocked the law from going into effect on September 1. On November 2, the plaintiffs returned to Judge Yeakel's courtroom to request the bill's D&E ban be permanently blocked.
Yeakel has thus far supported a woman's constitutionally-protected right to abortion, saying: "The state cannot pursue its interest in a way that denies a woman her constitutionally protected rights to terminate a pregnancy before the fetus is viable."
Thursday, September 21, 2017
Tribunal Constitucional de Chile (Aug. 21, 2017):
A Chilean court has upheld a law decriminalizing abortion in cases of rape, fatal fetal impairment, and when a woman's life is in danger. A group of conservative senators representing more than a quarter of the members of Senate challenged the law's constitutionality.
The decision is grounded in international human rights treaties. With these rights in mind, and in view of the effect of pregnancy on women, the court concluded that the criminal law should be used only as a last resort.
Regarding the "threat to the woman's life" criterion, the Court has decided that only assessment of the physician attending the woman is necessary in order not to delay the provision of care.
The opinions of two physicians are required in an assessment of whether a case is one of "fatal fetal impairment." The Court warned against "decisional paralysis" in such cases, since delay can pose a danger to the patient.
Finally, in cases of rape, a child under the age of 14 must have an abortion before 14 weeks of gestation, while an older patient has under 12 weeks of gestation.
Even though it remains under in the Inter-American human rights systems whether artificial legal persons have the right to conscientious objection, the Court, intending to promote freedom of conscience and religion, ruled that hospitals and clinics may lodge institutional conscientious objections to abortion.
Friday, August 4, 2017
WBUR 90.9 (Aug. 1, 2017): States With More Abortion Restrictions Score Worse On Women's Health, Study Finds, by Eojin Choi
A newly released report by Ibis Reproductive Health and the Center for Reproductive Rights found that the the twenty-six states with more than ten abortion restrictions had poorer health outcomes for women than the twenty-four states with fewer than ten restrictions.
Titled Evaluating Priorities: Measuring Women's and Children's Health and Well-being Against Abortion Restrictions in the States, the report's findings challenge anti-choice politicians' claims of passing abortion restrictions under the guise of protecting women's health and safety.
Some examples of positive, supportive policies include Medicaid expansion, expanded family and medical leave, mandated evidence-based sex education, maternal mortality review boards, and contraceptive parity laws. The study found that many states with more abortion restrictions lack these supportive policies.
The report was first published in 2014 and is updated for 2017. You can read the full report here.
Thursday, August 3, 2017
Winston-Salem Journal/Associated Press (Jul. 30, 2017): Judge blocks Arkansas from enforcing four abortion restrictions, by Andrew DeMillo
A federal judge in Arkansas blocked four new abortion restrictions from taking effect, including a ban on dilation & evacuation (D&E, the safest and most common second-trimester procedure), a sex-selection ban, and a fetal-remains restriction that would have effectively required a partner's consent prior to having an abortion. The ruling came down from U.S. District Court Judge Kristine Baker. The Center for Reproductive Rights and the American Civil Liberties Union filed the case on behalf of Little Rock, Arkansas provider Dr. Frederick Hopkins.
D&E bans are currently in effect in Mississippi and West Virginia and are blocked in Alabama, Kansas, Louisiana, and Oklahoma. This year, Texas passed an identical ban that is slated to become effective in September but is being challenged in court.
The sex-selection ban included a provision requiring that a doctor performing the abortion first request records related to the entire pregnancy history of the woman. Judge Baker struck down the restriction, noting that the provision "will cause women to forgo abortion in Arkansas rather than risk disclosure to medical providers who they know oppose abortion or who are family friends or neighbors."
The fourth struck-down law required physicians performing abortions on minors under 17 years of age to preserve embryonic or fetal tissue and notify police where the minor resides. Arkansas currently enforces such a requirement for minors under 14 years of age.
Thursday, July 20, 2017
Al Jazeera (Jul. 19, 2017): Chile Moves to Ease Strict Abortion Laws, by AFP News Agency:
In 1989, the dictatorial regime of Augusto Pinochet Ugarte outlawed abortion in Chile in all cases. Almost 30 years later, the law remains unchanged.
In 2015, Chilean President Michelle Bachelet advanced a proposal to decriminalize abortion at up to 12 weeks if the pregnant person's physical health was at risk, if the fetus would not survive the pregnancy, or in cases of rape. The reform also included an 18-week window for pregnant individuals under the age of 14. President Bachelet urged Chilean lawmakers to take up the legislation before the country's elections are held in November. The government's lower house, the Chamber of Deputies, has already approved the reforms and the issue now lies before the Senate, which began consideration on Monday, July 17th.
Consideration in the Senate did not come without hurdles. Senate President Andres Zaldivar advanced a proposal arguing that abortion when the mother's life is at risk should not legally be considered an abortion. That measure failed by just one vote following five hours of debate. The legislation finally passed the Senate in the early hours of Wednesday after a 17-hour session, and is now under reconsideration by the Chamber of Deputies. Should the law pass the lower chamber, it will head to President Bachelet for final approval.
Chile is one of just six countries in the world where individuals can be prosecuted for seeking an abortion irrespective of circumstances.
Tuesday, July 4, 2017
Saint Louis Post-Dispatch (Jun. 29, 2017): Planned Parenthood: Judge's Ruling a Victory for Young Women, by Rick Callahan (AP):
A federal judge in Indiana Thursday blocked part of a new law that would have required a judge to determine whether a pregnant minor's parents should be notified if she sought an abortion. Republican Governor Holcomb of Indiana, who signed the law in April, frames it as a "parental rights issue."
Reagan-nominated U.S. District Judge Sarah Evans Barker who enjoined the provision also blocked two additional provisions--one requiring physicians to verify the relationship between a minor and her parents or guardians and another that would have prevented anyone assisting an un-emancipated minor seeking an abortion.
Attorney General Curtis Hill has not yet decided if he will appeal the Judge Barker's decision to the 7th Circuit Court of Appeals in Chicago.
Thursday, June 22, 2017
Texas Observer (Jun. 20, 2017): How Texas' Anti-Abortion Lawmakers Win Even While Losing in Court, by Sophie Novack:
Earlier this month, Texas Governor Greg Abbott signed Senate Bill 8 into law, "an omnibus measure that mandates burdensome clinic regulations and outlaws a safe, common abortion procedure" known as dilation & evacuation, or D&E. SB 8 is the most sweeping set of restrictions on abortion care signed into law in Texas since House Bill 2 in 2013, culminating in last year's Whole Woman's Health v. Hellerstedt ruling by the U.S. Supreme Court that struck down two of the bill's major provisions. A lawsuit against SB 8 is expected later this summer.
Novack argues that while abortion-rights advocates ultimately claimed victory in the courts over HB 2, the law "forced the closure of more than half the state’s abortion clinics, and only three have reopened since." The main issue for abortion-rights advocates, Novack says is that "legislation often moves faster than the courts, and SB 8 could wreak similar havoc on the abortion provider community in Texas.
“We’re looking at again the possibility of clinic closures and other restrictions that force women to leave the state if they need abortion care,' said Amanda Allen, senior state legislative counsel at the Center for Reproductive Rights, which filed the lawsuit against HB 2 and has pledged to fight SB 8. 'In terms of access on the ground, this presents a huge threat to Texas.”
The major provisions at issue in SB 8 are a requirement that fetal remains be buried or cremated, and a ban on D&E, the most common form of second-trimester procedure. Abortion-rights advocates take some comfort in knowing that both of these provisions have been successfully challenged in court, but if either provision goes into effect, clinics could face closure for failure to comply with the law.
Texas Right to Life pushed the D&E ban, while Texas Alliance for Life championed the fetal burial/cremation requirement. Each group has a different strategy: Texas Right to Life favors pushing the D&E ban to the Supreme Court, while Texas Alliance for Life favors "a more incremental approach" that chips away at access until the Supreme Court becomes less favorable to abortion rights. Said Joe Pojman, executive director of Texas Alliance for Life: "it’s very clear now that [Justice Kennedy] will not uphold any state or federal provision that makes abortion less accessible, that’s the unfortunate reality."
In January, a federal judge blocked new Texas regulations that would’ve required burials for fetal remains. Courts have blocked D&E abortion bans in four other states. While it remains to be seen how courts will decide on SB 8, the battle will be long, and if it plays out like HB 2, there could be lasting consequences.
Wednesday, March 15, 2017
Spokesman-Review (Boise) (Jan. 23, 2017): Idaho to Stop Enforcing Telemedicine Abortion Bans, by Kimberlee Kruesi:
Two laws hindering women from obtaining safe abortions have been dismantled in Idaho. The first curtailed the use of telemedicine to assist women choosing medical abortions. Telemedicine allows physicians to consult with their patients remotely. It can be especially useful in delivering medical services in rural areas. The law required a physician to be present when a patient receives abortion-inducing medication. The second law simply forbade physicians from prescribing pregnancy-ending drugs remotely.
Planned Parenthood sued Idaho to dismantle these laws. A settlement entered into between the parties requires Idaho to repeal these laws by 2017 or have them declared unconstitutional in federal court. A federal judge has already ruled that requiring a physician's physical presence imposes an undue burden on women seeking medical abortions with no counterbalancing health benefits. A similar restriction was struck down by the Iowa Supreme Court in 2015.