Reproductive Rights Prof Blog

As the ADA Turns 31, Reproductive Rights Activists Note the Link Between the Two Battles

By Fallon Parker (Aug. 3, 2021)

Last week marked the 31^st anniversary of the Americans with Disabilities Act (ADA), which seeks to affirm and protect the rights of people with disabilities. Among other provisions, the act guarantees equal opportunity to person with disabilities in employment, transportation, services, accommodations, and other areas. While the ADA has resulted in significant changes for the disabled community, persons with disabilities who use reproductive healthcare still struggle to gain access to services.

Disability rights and reproductive justice have always been closely linked. Buck v. Bell, which has not been overturned, allowed for sterilization of institutionalized persons in order to benefit the “welfare of society.” Eugenics, which was espoused as a way to “improve society” and specifically targeted disabled persons, among other marginalized groups, motivated some early supporters of birth control.

Today, it is recognized that persons with disabilities have the same reproductive and sexual health needs as persons without disabilities, and yet studies show that persons with disabilities do not access reproductive care at the same rates as their peers. According to the National Council on Disability, disabled persons reported avoiding regular gynecological visits because they were difficult to obtain, and that healthcare workers often refrained from discussing contraceptives or STD screening with disabled persons and expressed surprise to learn disabled persons were sexually active. Persons with disabilities are also likely to have fewer pap tests and mammograms than persons without disabilities. Additionally, disabled persons are poorer on average than non-disabled persons, and income is directly related to ability to access reproductive services. And some disabled persons who rely on Medicaid do not have access to insurance coverage for abortion services.

Recently there has been an influx of attention to the intersection of disability rights and the reproductive justice movement. Britney Spears, the singer who has been under a conservatorship for 13 years, finally had her day in court and revealed, among other things, that her conservatorship forces her to wear an IUD. While the exact terms and genesis of the conservatorship are not public, it reportedly followed an involuntary temporary psychiatric hold filed on her 13 years ago based on an assessment that she was a possible danger to herself or others.

This year, Spears expressed to a court her desire to have more children and her frustration with not having any control over that decision. In response to Spears’s testimony, several websites have published accounts from disabled persons noting the similarities between Spears’s lack of bodily autonomy and the restrictions that disabled persons face daily. Sara Luterman, a journalist who is disabled, was interviewed for Slate and broke down how difficult it is for people to remove themselves from a conservatorship or guardianship. Luterman mentioned Ryan King, a man with an intellectual disability who could not remove his conservatorship, even though his conservators, who were his parents, asked the court to remove it. Like it is for King, Luterman fears it will be difficult for Spears to remove herself from her conservatorship.

Spears’s conservatorship and her fight for bodily autonomy highlight a common reality for many disabled persons, especially those with reproductive needs. While the ADA was a significant moment in the fight for disability rights, it has fallen short in providing reproductive justice for disabled persons. Within the mainstream reproductive justice movement, disabled persons are often left out of the conversation. The anniversary of this landmark legislation is an opportunity to reaffirm commitment to the importance of disability rights in the fight for reproductive justice and consider how the next 30 years can be used to ensure equitable access to reproductive healthcare for all.

Missouri’s lone abortion clinic must remain open for now

Jun. 10, 2019 (Politico): Judge says Missouri’s lone abortion clinic must remain open for now, by Rachana Pradhan: 

On Monday, a judge blocked Missouri's attempts to close its last remaining abortion clinic. Planned Parenthood, which operates the clinic, has struggled against state officials' attempts to shutter the clinic based on claims of violations, which jeopardize its licensing.

Judge Michael Stelzer had previously granted the Planned Parenthood clinic reprieve from the states' attempts to deny license renewal upon the clinic's license lapse in May, and Stelzer has now directed Missouri health officials to make a decision as to whether to renew the clinic's license by June 21.

Planned Parenthood officials attest that the licensing conditions were essentially pretextual and "accused state officials of orchestrating a politically motivated probe to stamp out abortion." Last month, Missouri lawmakers banned almost all abortions beyond week eight of a pregnancy.  

Missouri is just one of six U.S. states that have only one clinic providing abortions.

Irish ban on funding abortion services in developing world to be lifted

The Irish Times (Mar. 4, 2019): Irish ban on funding abortion services in developing world to be lifted, by Pat Leahy: 

As a result of the 2018 repeal of Ireland's constitutional ban on abortion, Irish foreign humanitarian and development policy is shifting, too. Previously, Irish foreign aid money was generally prohibited from being used to fund abortion services, because such medical and reproductive health programmes were contrary to Irish law. 

Irish Aid, the development aid programme of Ireland's government, is now launching a new initiative on "sexual and reproductive health and rights." The Ministry of Foreign Affairs last week launched its new policy on development aid: "A Better World." The policy has four priorities, including prioritizing gender equality, reducing humanitarian need, climate action, and strengthening governance. The reconsiderations of reproductive health aid are expected to flow from this new policy. 

The main focus of Irish Aid's programmes lies in sub-Saharan Africa, where Ireland has long-standing assistance programs in eight countries. Irish Aid also has established programming in Vietnam, South Africa, and Palestine, among other nations.

The prior Irish policy of withholding funding for abortion services echos the Trump administration's global gag rule pertaining to foreign aid. Programs and policies that police the reproductive health services offered in foreign nations have a significant, negative impact in countries aiming to slow population growth and provide comprehensive health care and education to women and girls. 

An 11-Year-Old in Argentina Was Raped. A Hospital Denied Her an Abortion.

The New York Times (Mar. 1, 2019): An 11-Year-Old in Argentina Was Raped. A Hospital Denied Her an Abortion, by Daniel Politi: 

Despite laws in Argentina saying that pregnant people may seek abortions in the case of rape (one of the only instances in which abortion is legal in the country), an 11-year-old rape survivor was denied the abortion she requested and instead forced into a C-section delivery. 

The child was reportedly raped by her grandmother's boyfriend. She discovered her pregnancy at 19 weeks after going to the hospital complaining of severe stomachaches. Both the child and her mother pushed for her to receive the abortion, but doctors administered drugs without consent to hasten the development of the fetus so that she could deliver instead (the doctors told her that they were giving her "vitamins"). 

Fernanda Marchese is the executive director of Human Rights and Social Studies Lawyers of Northeastern Argentina, which is representing Lucía (a pseudonym) and her family. Marchese reports that the hospital permitted anti-abortion activists to enter Lucía’s hospital room, "where they urged her to have the baby, warning that she otherwise would never get to be a mother."

"Reproductive rights groups filed emergency lawsuits that led to a court order instructing the hospital to carry out an abortion at once." The doctors still refused, citing conscientious objections. 

Private sector doctors Cecilia Ousset and José Gigena agreed to conduct the abortion, but because Lucía’s pregnancy was so far along, they decided they had no choice but perform a C-section. Dr. Ousset identified that Lucía’s life was at risk throughout the ordeal in a phone interview with the New York Times. Lucía is now healthy and should be discharged soon. 

Genetic material from the umbilical cord will be studied and possibly used to prosecute the man who is alleged to have raped Lucía. He has already been arrested. 

Although the case has gained notoriety, many say it reflects a reality in parts of Argentina. “In the north of Argentina,” Dr. Ousset said, “there are lots of Lucías and there are lots of professionals who turn their back on them.”

NY’s Reproductive Health Act is Not Radical; It Simply Recognizes that the Lives and Dignity of Pregnant People Count Too

NY’s Reproductive Health Act is Not Radical; It Simply Recognizes that the Lives and Dignity of Pregnant People Count Too (Feb. 7, 2019), by Cynthia Soohoo:

Not surprisingly, President Trump’s attack on New York’s Reproductive Health Act during Tuesday night’s State of the Union address blatantly mischaracterized the RHA. But it also underscores a glaring gap in anti-abortion advocates’ pro-life views -- the right to life and dignity of people who are pregnant.

The RHA continues to recognize a state interest in fetal life and prohibits abortions after 24 weeks in almost all circumstances. However, the law also recognizes that in some situations, denying a pregnant person the ability to end a pregnancy imposes serious and irreparable harm on her, including situations where the pregnancy endangers her life and health. And in those situations, the state cannot force the pregnant woman to continue the pregnancy against her will. This is consistent with current Supreme Court jurisprudence and international human rights law. The UN Human Rights Committee made this explicit in a recent General Comment clarifying that while states can regulate abortions, they should not do so in a manner that violates the right to life of the pregnant person or her fundamental human rights.

The RHA does no more than protect the human rights of pregnant people. The law only allows abortions post-24 weeks in two situations. First, abortions are allowed where the fetus will not survive outside of the womb. The RHA recognizes that a woman should not be forced to continue what was often a wanted pregnancy -- knowing that the fetus will not survive -- against her will. In such cases, the state’s interest in protecting a viable fetus is not at issue, and human rights experts have held that denying a woman access to an abortion in these circumstances is cruel, inhuman and degrading treatment.  

Second, the RHA allows a woman to have an abortion where continuing the pregnancy endangers her life or health. Some women may choose to continue pregnancies in these circumstances. But the RHA acknowledges that the pregnant person must be allowed to make her own choice taking into account the risk that she faces and the impact her death or disability would have on her family and community.

In both situations covered by the RHA, human rights experts have held that state denial of an abortion violates the human rights of the pregnant person. In fact, concern over state prohibition of abortions in those circumstances led UN human rights experts to write to the U.S. to encourage passage of laws like the Reproductive Health Act. This is not a radical position. It is merely the recognition of the value of the life and dignity of pregnant people. The failure of critics of the RHA to understand this is a glaring gap in their “pro-life” views.

Alaskan Survivors of Sexual Assault Urge Murkowski to Vote ‘No’ on Kavanaugh

Rewire.News (Sept. 25, 2018): Alaskan Survivors of Sexual Assault Urge Murkowski to Vote ‘No’ on Kavanaugh, by Katelyn Burns: 

Even before last week's hearing for Dr. Blasey Ford's allegations against SCOTUS nominee Brett Kavanaugh, indigenous groups in Alaska have been voicing their opposition to the Judge's confirmation. 

Alaskan sexual assault survivors--many of whom are Natives--are calling on Senator Lisa Murkowski (R-AK) to vote "no" on Brett Kavanaugh's nomination this week. Activists have also been protesting at Senator Dan Sullivan's office (R-AK), however, unlike Senator Murkowski, he announced his support for Kavanaugh shortly after the nomination in July. 

Sexual assault is a pervasive problem in Native American communities. Natives, including Alaskan women, suffer from rape and sexual assault in staggeringly disproportionate numbers with little access to justice. 

"According to the 2015 Alaska Victimization Survey, 50 percent of Alaskan women have been victims of sexual assault, intimate partner violence, or both." Furthermore, 97 percent of Native Alaskan sexual assault survivors suffered the violence at the hands of non-Native perpetrators. Notably, tribal justice systems cannot prosecute non-Natives for sexual assault.

Survivors are also speaking out in defense of Dr. Ford's delay in coming out publicly with her allegations. “Most of the time we would be blamed for being provocative in some way. So I can understand why someone would wait years to bring up a sexual assault," said one Alaskan Native survivor. 

Native communities also oppose Kavanaugh's nomination on his views of Native rights generally and his misunderstanding of tribal history and government systems. 

Is the Anti-Abortion Movement Just Applied Anti-Feminism?

Daily Intelligencer (Sept. 20, 2018): Is the Anti-Abortion Movement Just Applied Anti-Feminism?, by Ed Kilgore:

Kilgore writes for New York Magazine's Daily Intelligencer responding in part to conservative Ross Douthat's New York Times piece claiming that the current allegations of sexual assault against Supreme Court nominee Brett Kavanaugh are harmful to the "pro-life" movement. 

Kilgore says that despite the arguments of many anti-abortion activists that their purported moral high ground turns on fetal personhood or the rights of the unborn, "the prevailing sentiment among abortion rights activists is that the anti-abortion movement is just applied misogyny." 

Anti-abortion work generally is rooted in a position that elevates the patriarchy and promotes "fear of women's sexuality and autonomy."

Kilgore highlights that Douthat interestingly links anti-abortion work with anti-feminism. Douthat is concerned that confirming Kavanaugh amidst the #metoo movement generally and his allegations of sexual assault specifically might "cement a perception that’s fatal to the pro-life movement’s larger purposes — the perception that you can’t be pro-woman and pro-life."

Even if many Republicans (in particular, Republican women) have identified with the labels pro-woman and pro-life, there is no longer any Republican party-wide commitment to the pro-woman side of the pairing, Kilgore says. 

Ross Douthat is right to worry that it’s getting harder every day to disassociate pro-life from anti-woman views. It’s certainly getting harder for me to believe that anti-abortion activists care more about saving embryos than about shackling women.

Planned Parenthood’s Next President: An Immigrant Doctor of Color Who Grew Up on Medicaid

Slate (Sept. 12, 2018): Planned Parenthood’s Next President: An Immigrant Doctor of Color Who Grew Up on Medicaid, by Christina Cauterucci:

Planned Parenthood announced in September that its new president, Leana Wen, will start in November. Wen currently serves as Baltimore's health commissioner and is also an emergency room physician. She will be the second doctor to head the organization and the first one to do so in 50 years.

"In both her career and her lived experience, Wen is a near-perfect embodiment of the organization’s core concerns, client base, and trajectory." Wen left China for the United States as a political asylum-seeker when she was eight years old. Growing up in poverty in California, she relied on Medicaid and Planned Parenthood for her health care, and gave back as a medical student by volunteering with Planned Parenthood as well. 

In her current role as health commissioner of Baltimore, Wen has contributed both to reducing infant mortality and to fighting against disparate racial treatment in the health care system. 

After 10 years of leadership focusing on the political side of the organization under Cecile Richards, Wen is expected to emphasize the legitimacy of the medical branch of Planned Parenthood while also continuing to bolster PP's political activism. 

While the majority of Americans support Planned Parenthood, it's often considered a political body and branch of the Democratic party above all else. "Wen will be well-positioned to make the medical case for practices like telemedicine abortions," among other services Planned Parenthood offers and causes it supports. 

That Planned Parenthood chose as its next leader a young immigrant woman of color who grew up on Medicaid and has worked to combat health inequities is a testament to the organization’s semi-recent rebranding as one committed to not only reproductive choice but reproductive justice, an ethos that prioritizes equal access to care and includes related issues like mass incarceration and poverty. The organization came under fire in 2014 when several reproductive justice advocacy groups accused it of engaging in “the co-optation and erasure” of work done by women of color in the field by claiming the mantle of reproductive justice without crediting those who’d pioneered the framework. It has been working to shake that reputation ever since.

In hiring Wen, the organization seems to hope to cement their relevancy in the reproductive justice world, re-focusing on intersectionality in the movement as well as making the case for the medical necessity of Planned Parenthood in a country facing growing threats to reproductive rights. 

336 Law Professors Write Letter Opposing Kavanaugh's Nomination

Law professors around the country joined together in penning a letter to Senators Susan Collins (R-ME) and Lisa Murkowski (R-AK) urging them to vote "no" on Kavanaugh's Supreme Court nomination. 

The letter highlights the imminent danger to reproductive health should Kavanaugh be confirmed.  He would be expected to vote in support of efforts to overturn long established reproductive-rights precedents like Roe. Although Kavanaugh has publicly stated his support for stare decisis, the authors note that justices who support precedent do not always shy away from overturning it.

The overturning of Roe or Casey--both of which upheld the right to choose and based their decisions on the importance of protecting the principle that "matters involving the most intimate and personal choices a person may make in a lifetime...are central to the liberty protected by the Fourteenth Amendment"--could also implicate harmful shifts in the subsequently upheld rights to privacy relating to parenting, family planning, and same sex relationships. 

In 1965, the lawyers cite, "illegal abortion in the United States accounted for 17% of all deaths attributed to pregnancy and childbirth." As officially reported numbers, the actual mortality rate due to illegal abortion was likely much higher. 

The threat to reproductive health and freedom is particularly acute for women of color, poor women, and rural women, the attorneys point out, citing disparate access to quality medical care based on racial and class lines as well as the heightened maternal mortality rate for black women. 

The letter states that women in Maine and Alaska in particular may be heavily affected, as both states are large and have "widely dispersed populations, creating challenges for health care." 

In conclusion, the authors write: 

A "no" vote is necessary to protect women and families throughout this country. We urge you, as Senators who have long supported the right to choose, to make your legacy the protection of these fundamental constitutional rights for generations to come. 

Kavanaugh comments on abortion to be parsed in confirmation hearings

ABC News (Sept. 3, 2018): Kavanaugh comments on abortion to be parsed in confirmation hearings, by Stephanie Ebbs:

Brett Kavanaugh testifies at his Supreme Court confirmation hearings Tuesday, and nothing will be parsed more closely than his first public comments on abortion.

Senate Democrats are expected to grill Kavanaugh on the Supreme Court's abortion jurisprudence and access to contraception.

Abortion rights groups will be listening to how Kavanaugh responds when asked if he agrees with President Trump's comments that Roe v. Wade should be overturned and what Kavanaugh meant when he described Roe as "settled law."

During his 2006 confirmation hearing for the federal bench, Kavanaugh committed to following Roe v. Wade but would not comment on his personal opinion of abortion. "The Supreme Court has held repeatedly, senator, and I don't think it would be appropriate for me to give a personal view of that case," Kavanaugh told Sen. Chuck Schumer at the time.

Over the weekend, Sen. Lindsey Graham, the South Carolina Republican who sits on the Senate Judiciary Committee, said he hopes Kavanaugh is open to both sides of any case challenging Roe, including that the decision should be overturned. In an interview, Graham said he would consider Kavanaugh "disqualified" if he promised only to uphold or overturn Roe v. Wade.

Republican Senator Susan Collins of Maine, has said she won't vote for a justice  "hostile" to Roe v. Wade. But after meeting with Kavanaugh earlier this month, she said he had called Roe "settled law."

Even if Kavanaugh is not in favor of overruling Roe v. Wade, there is evidence that he would interpret the right to abortion narrowly. Last year, Kavanaugh dissented in a court decision that allowed an undocumented minor in U.S. custody to get an abortion. He argued that the government could force the minor to wait until she was transferred from a government-run immigration center to a sponsor before having the abortion. Kavanuagh argued that the delay did not constitute an "undue burden" because other laws regarding abortion can cause similar delays.

Abortion rights advocacy groups want Kavanaugh, or any other Supreme Court nominee, to affirmatively support the "personal liberty standard" and say as well that the Constitution protects an American's right to decide to use contraception, have an abortion, or marry same-sex partners.  But, Kavanaugh is unlikely to make such a statement and has publicly expressed misgivings about such liberty rights.

In his dissent to the Roe v. Wade, Justice William Rehnquist wrote that the framers of the Constitution did not intend for the 14th Amendment to overrule states' ability to write their own laws about abortion because there were state laws regulating it at the time.  In a speech at the American Enterprise Institute last year Kavanaugh said that while Rehnquist couldn't convince the other justices he succeeded in "stemming the general tide of free-wheeling judicial creation of unenumerated rights that were not rooted in the nation's history and tradition."

Moms throughout country under investigation while Utah's 'free-range parenting' law said to be first in the nation

The Washington Post (Mar.28, 2018): Utah's 'free-range parenting' law said to be first in the nation, by Meagan Flynn:

Lenore Skenazy reinvigorated debates about best parenting practices when she decided to let her 9-year-old ride the New York City subway alone (with a map, MetroCard, and cash) to instill in him independence in 2008. After the court of public opinion contested whether she was a terrible or great parent, Skenazy wrote a book on her philosophies and coined the term "free-range parenting."

The idea was to let her child engage in "various activities without stifling supervision." Unforunately, many parents who subscribe consciously or not to Skenazy's "free-range" style have encountered the scary side-effects of leaving their children without supervision: interference from child services or the police. 

A mother in Chicago allowed her 8-year-old to walk their dog around the block. After the girl arrived safely home, the police stopped at their home upon receiving an anonymous tip about a child walking alone. The investigations that ensue in these scenarios are looking for child neglect. And even if the parents under investigation are cleared by officials (whether child services or the police), they have to endure "invasive and stressful" investigations that can not only be humiliating but are often considered a waste of time and resources. "Experts say that the problem stems from vague laws that often ensnare well-meaning parents who are trying to give their children freedom or responsibility."

A sociology professor at the Univesity of Illinois at Chicago, Barbara Risman, also notes that the expectation that mothers keep "a constant eye on their children" doesn't often extend to fathers:

This shaming mechanism underlies the cultural logic that women should spend all their time making sure their children are never alone. The opposite is true of dads. No one presumes fathers have a moral responsibility to take care of (their children). When they do, they get praise and positive reinforcement.

Child abuse and neglect laws can be vague, defining neglect, for example, as leaving a child under 14 "without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor." Those charged with investigating a report of neglect generally find it important to thoroughly explore every allegation. 

Society is pushing back, though, against what it considers unreasonable surveillance of reasonable parenting. The free-range parenting concept has now translated into law in Utah. State Senator Lincoln Fillmore (R) sponsored the measure, which exempts a range of activities children of a "sufficient age" can do without supervision from the definition of child neglect. These activities include walking, running, or biking to and from school or recreational facilities as well as playing outside or staying inside at home unattended. While the bill was in committee earlier this year, Fillmore told Fox 13:

As a society, we’ve kind of erred, as our pendulum has swung for children’s safety, a little bit too much to the side of helicopter parenting, right? We want kids to be able to learn how to navigate the world so when they’re adults they’re fully prepared to handle things on their own.

Skenazy, too, has remained involved in the conversation. Arkansas attempted to pass a similar bill last year. It failed in committee from fears of child abduction. Skenazy wrote: “Why give kids freedom — why give parents freedom — when you can take it away so easily and say you’re championing safety in the process?”

HHS Refuses to Release Documents on the New Office of Civil Rights (OCR)

The Department of Health and Human Services (HHS) announced the opening of a new division in January of this year: The Office of Civil Rights (OCR). The OCR's primary mandate is to enforce refusal of care laws. 

Refusal of care laws essentially empower medical providers to deny care to patients if they disagree with the ethics of a particular procedure based on their religious grounds. The purported goal of these laws is to protect a healthcare provider from being forced into providing care that "violates their conscience." 

This is an Executive-ordered decision that does not require legislative or judicial approval to go into effect or to implement its new rules and regulations.

Critics of refusal of care laws express concern that these requirements do not simply "protect" health care providers consciences, but can instead seriously harm patients. These laws may lead to a pharmacist refusing to fill a birth control prescription, a doctor refusing hormone therapy to a transgender patient, limitations placed on services to LGBTQ persons and partners, and of course abortion services may also become more limited.

HHS does not require providers who refuse treatment to refer patients to other providers or provide any information at all on other providers.

The OCR further has authority to initiate compliance reviews of any organization receiving federal funding to ensure conformity to the new rules. 

Earlier this month, the Center for Reproductive Rights (CRR) and the National Women's Law Center (NWLC) filed a lawsuit against HHS for refusing to release records pertaining to the creation of the OCR. The organizations initially requested these records via a FOIA request in January 2018. The CRR and NWLC seek knowledge of why the new division was needed, how the OCR operates, allocates funding, and may be influenced by outside groups.

"We’re filing this lawsuit to force the Trump-Pence administration to justify why it’s using resources to fund discrimination, rather than to protect patients," said Gretchen Borchelt, NWLC Vice President for Reproductive Rights and Health. 

HHS's new Office of Civil Rights follows additional moves by the Trump administration to limit equitable access to reproductive health care, including promoting the "Global Gag Rule," its domestic counterpart, and establishing regulations aimed at severely limiting funding to Title X programs. 

As Cuomo Rallies for Abortion Rights, Nixon Questions His Bona Fides

The New York Times (Jul. 10, 2018): As Cuomo Rallies for Abortion Rights, Nixon Questions His Bona Fides, by Jesse McKinley: 

The New York primary season is heating up as incumbent Governor Andrew Cuomo and Democratic challenger Cynthia Nixon are both advocating, among other things, for hard line policies to protect the right to abortion and women's health services in New York State. 

Governor Cuomo told voters that New York needs to codify the right to abortion in Roe v. Wade on the state level and called on the State Legislature to pass the Reproductive Health Act to do so. He's previously put forth similar legislation, none of which made it through the State Senate's Republicans and "rogue," anti-abortion Democrats. Cuomo is also advocating for the decriminalizing of abortion--moving laws and regulations pertaining to the procedure over to the public health code instead. 

Nixon, in her primary campaign, has highlighted previous, unflattering statements by Cuomo about feminism and women as well as his failure to execute a comprehensive shift in New York reproductive policies in order to distinguish her own platform, which lies somewhat farther to the left and is endorsed by the New York Working Families Party. 

The stakes are clearly raised in in this year's Gubernatorial race in light of Trump's nomination of Brett Kavanaugh to replace Justice Kennedy on the Supreme Court and growing concerns that the fundamental rights to abortion and reproductive health will be formidably challenged under a much more conservative court.

 

Steps the Next Supreme Court Might Take to Roll Back Abortion Rights

New York Magazine (Jun. 27, 2018): Steps the Next Supreme Court Might Take to Roll Back Abortion Rights, by Ed Kilgore: 

With the announcement of Justice Kennedy's imminent retirement comes the prospect of a much more conservative Supreme Court, particularly in relation to reproductive rights. Justice Kennedy stood in the majority of the 2016 Whole Women's Health v. Hellerstedt decision, which reaffirmed basic abortion access rights. Trump has promised to pursue the reversal of Roe v. Wade, though, and has stated his intentions to nominate a similarly-minded next justice. 

Many states have recently enacted stricter abortion access requirements--like Louisiana's legislation banning abortions after 15 weeks of pregnancy or Iowa's fetal heartbeat ban. "Such laws are aimed at setting up a challenge to Roe if the Supreme Court lurches to the right — which is now an imminent possibility."

While it's unlikely that, even under a more conservative court, Roe would be immediately overturned, a shift to the right on the Supreme Court will likely lead to affirmation of new, state-level abortion restrictions. For example, rather than overturn Roe, which is backed by additional, subsequent precedent in 1992's Casey and 2016's Hellerstedt, the court might instead find an opportunity to reverse Hellerstedt, as the more recent decision. Such a move might reinvigorate efforts to enact Targeted Regulation of Abortion Providers, likely forcing abortion providers out of business with burdensome requirements and eliminating much abortion access, especially in already-conservative states.

Either way, if Trump nominates an anti-Roe Supreme Court candidate this year, and the Senate approves them, we can expect many more legal battles on the availability of abortion. "With one SCOTUS appointment and one decision, that could all change, and we could enter a period of abortion-policy activism unlike anything America has seen in decades."

John Oliver takes aim at crisis pregnancy centers and anti-abortion activists 'controlling women's behavior'

The Guardian (Apr. 9, 2018):  John Oliver takes aim at anti-abortion activists 'controlling women's behavior', by Guardian staff

John Oliver examined crisis pregnancy centers (CPCs) designed to prevent abortions on this past Sunday's episode of HBO's Last Week Tonight, criticizing their “disingenuous and predatory” tactics and explaining how their "primary purpose is to talk women out of terminating a pregnancy.”

There are 2,752 CPCs  in the United States, compared with 1,671 abortion providers. Many CPCs use the word "choice" in their names and give out advice that is medically inaccurate. They often pretend to be abortion clinics on the exterior to fool women to enter. “Normally, the strategy ‘pretend you’re an abortion clinic’ is not actually a great marketing stunt, although I am pretty sure that Radio Shack would have tried it if they’d thought of it,” Oliver said.

Oliver also discussed how CPCs discourage the use of contraception. There are claims from within CPCs that condoms are ineffective at preventing pregnancy. “For all the lengths that CPCs will go to to prevent abortions, many of them don’t do a key thing that would help that and that’s give women access to birth control,” he said.  “The fact is if you want fewer abortions, you should love birth control."

Oliver said that the real goal of CPCs is “controlling women’s sexual behavior”, as many of them are affiliated with religious figures and organizations.

Watch the segment below:

UN human rights committee to Poland parliament: reject anti-abortion bill

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. 

Baltimore to join lawsuit against U.S. health agency over cuts to programs that help prevent teen pregnancy

The Baltimore Sun (Mar. 7, 2018): Baltimore to join lawsuit against U.S. health agency over cuts to programs that help prevent teen pregnancy, by Ian Duncan:

The city of Baltimore intends to join a lawsuit against President Trump filed last month by the nonprofit Healthy Teen Network. The suit was filed in U.S. District Court in Baltimore after Healthy Teen Network's federal grant--given to develop and fund the study of an app providing sex education--was significantly reduced.

Baltimore’s health department received an $8.5 million federal grant to help provide sex education for about 20,000 students over five years. Last year, the federal health agency told Baltimore that the program would be severed from its funding after three years instead, leading to a loss of $3.5 million.

The lawsuit alleges that Trump’s appointee to a senior position in the U.S. Department of Health and Human Services has reduced federal grants for programs that do not match the official’s belief that people should not have sex until they are married.

While the lawsuit by Healthy Teen Network states they did not receive a clear explanation for the funding cut, the lawyers claim that the cut in funding is directly related to the appointment of abstinence-only advocate Valerie Huber, who was appointed Chief of Staff for the Office of the Assistant Secretary of Health at the U. S. Department of Health and Human Services in June 2017.

"Dr. Leana Wen, the city’s health commissioner, said the reduction would greatly harm the department’s ability to provide services."

“We have made significant progress to reduce teen birth rates, and the last thing that should happen is to roll back the gains that have been made.”

Planned Parenthood Will Launch 10 New Video Chat Abortion Locations in 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.

Facebook is Ignoring Anti-Abortion Fake News

The New York Times (Nov. 10, 2017): Facebook is Ignoring Anti-Abortion Fake News, by Rossalyn Warren

As Facebook addresses the role of "fake news" on its platform, largely in relation to the 2016 election and Russian political propaganda, another potentially more difficult concern arises. The spread of false reproductive rights and health news is widespread and often harder for Facebook to spot (and manage).

Facebook’s current initiatives to crack down on fake news can, theoretically, be applicable to misinformation on other issues. However, there are several human and technical barriers that prevent misinformation about reproductive rights from being identified, checked and removed at the same — already slow — rate as other misleading stories.

Identifying a fake news sources is not always straightforward. The social media giant says it often targets "spoof" sites that mimic legitimate news sources. But misleading anti-abortion sites can be hazier to identify. They generally publish original pieces, but often alongside inaccurate facts or with poor sourcing, which "helps blur the line between what’s considered a news blog and 'fake news.'"

Facebook aims to limit fake news by making it more difficult for these sources to buy ads or generate spam. "Most false news is financially motivated," Facebook says. This is not often the case with anti-abortion advocates, though, who are overwhelmingly driven by strong religious or political beliefs. The goal isn't profit but persuasion. 

Many are concerned that misinformation regarding reproductive rights and abortion in particular may detrimentally affect current political movements. Ireland plans to hold a referendum next year regarding whether to lessen the country's strict abortion regulations. Pro-choice advocates are worried that the rapid spread of abortion-related misinformation on Facebook (like a purported causal link between abortion and breast cancer) may affect the vote. 

Facebook has yet, though, to directly address concerns over this type of scientific misinformation in the same way they have begun to address fake news about last year's election. 

Supreme court agrees to hear antiabortion challenge to California disclosure law for pregnancy centers

Los Angeles Times (Nov. 13, 2017): Supreme court agrees to hear antiabortion challenge to California disclosure law for pregnancy centers, by David G. Savage:

The Supreme Court has granted certiorari to hear NIFLA vs. Becerra, in which an anti-abortion group challenges a California law that requires crisis pregnancy centers to notify patients that the state offers contraception and abortion services. 

The case centers on the Reproductive FACT Act, which requires pregnancy centers to disclose whether they have a medical license and whether medical professionals are available. The law also requires centers to post a notice in the waiting room that reads: "California has public programs that provide immediate free or low-cost access to comprehensive family planning services, including all FDA-approved methods of contraception, pre-natal care and abortion."

California lawmakers passed the disclosure law two years ago after concluding as many as 200 pregnancy centers in the state sometimes used “intentionally deceptive advertising and counseling practices that often confuse, misinform and even intimidate women” about their options for medical care.

The National Institute of Family and Life Advocates (NIFLA) represents 110 pregnancy centers in California that all claim the disclosure provision violates their free speech as "compelled speech." Such a disclosure, they claim, conflicts with their faith-based goal of encouraging childbirth and preventing abortion. 

The Californian pregnancy centers initially lost their case under three federal district judges. On appeal, the 9th Circuit Court upheld the lower court's decision. Last month, however, a judge in Riverside County ruled that the law violated the free-speech provisions of California's own state Constitution. 

California's Attorney General Xavier Becerra stands by the disclosure provision and its intent to provide women accurate information about their health care options.

It takes five justices for a majority opinion, and many expect the Court's decision to turn on the vote of Justice Kennedy.