Content warning: Today’s newsletter contains several stories of pregnancy loss and related medical details.
In the states…
We knew these stories would start coming out in earnest, and here we are. The Lexington Herald-Leader reports on two Kentucky women who were denied abortion care despite seemingly qualifying for Republicans’ vague and cruel ‘exceptions’. Amy English was 20 weeks pregnant when she found out that her fetus was developing without part of its head and skull.
“No part of me wanted to be pregnant anymore,” Amy said. “Every flutter and kick he gave felt like a literal gut punch reminder that I would never get to take him home.” Strangers were already approaching her at the grocery to ask to touch her stomach. Her patients at work often asked how far along she was. It seemed emotionally unthinkable to continue subjecting herself to a life where, at any moment, she would be forced to repeat that her growing body was nurturing a baby that wouldn’t live, she said.
Still, state law prevented doctors from giving her an abortion. While Kentucky’s ban allows doctors to use “reasonable medical judgment,” it also only allows abortions in cases of medical emergencies—with no exceptions for fetal anomalies. Amy had to travel hours of state for care, and was only able to do so because her sister was a nurse anesthetist whose hospital agreed to help.
Leah Martin, also in Kentucky, was 9 weeks pregnant when she found out that her fetus had a fatal and painful condition. But because her fetus had a heartbeat, doctors were prevented from taking any action. She found herself at an ultrasound appointment hoping that the pregnancy had ended on its own:
“It was such a twisted experience being pregnant with a baby I desperately wanted, lying there hoping its heart had stopped,” she said shakily. “It was horrible to have to wish for that in order to receive care. It just felt so unsafe and cruel.”
Leah was able to get her abortion by a stroke of luck: A judge had issued an inunction on the ban that allowed her to move quickly and get the procedure while the law wasn’t able to be enforced.
I wish I was done, but I’m not.
Another abortion ban horror, this time out of Ohio: After years of undergoing fertility treatments, Beth Long got pregnant. But four months later, she and her husband found out that their baby’s organs were on the outside of its body. The condition is fatal, and was dangerous for Beth—if complications arose, she might need a hysterectomy. Her doctors urged her to terminate the pregnancy “as soon as possible.”
But Beth is employed by the state of Ohio, and the state’s law won’t allow health insurance to pay for abortions unless the pregnant person’s life is in danger. And while her doctors agreed that the risk for fatal complications increased by the day, they were unable to get the procedure covered because her life was not in imminent danger. The out-of-pocket cost? $20,000-$30,000.
It took the Longs three weeks, during which Beth said she was “in mental anguish,” to find a hospital in Pittsburgh that would help her for significantly less money. At that point, she was 21-weeks along and the procedure was more complicated and risky. Beth’s husband wrote a letter to Ohio Gov. Mike DeWine about their experience, saying, “I am a lifelong Republican, but this has turned me into a one-issue voter for those that support reproductive rights.”
You should read the whole piece at CNN—it’s distressing, but so incredibly important. Doctors are also sharing stories of being legally forced to deny patients vital care:
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All of these experiences get at something I’ve been writing about a lot lately: Suffering. These laws are causing incalculable pain and heartache every single day, something that Republicans are desperate not to talk about. They don’t want people to remember that there are real people, in real pain, because of their legislation.
In better news, Maryland Gov. Wes Moore and Democratic lawmakers announced that they’re pursuing an amendment in the state constitution to enshrine abortion rights. The move is part of a package of legislation aimed to defend and expand abortion rights—including protections for abortion providers and patients from out-of-state criminal and civil cases, and increased protections for private health data. “We’re going to make sure that Maryland is a safe haven for abortion rights long after I’m governor of this state,” Gov. Moore said.
Meanwhile, clinic workers in Florida are begging city officials in Clearwater for help with what they say is increasing harassment and threats. Bread and Roses Woman’s Health Center hires private security on their busiest days, reports the Tampa Bay Times, but it’s not enough. Jean Johnston, a 66-year-old volunteer, says, “It’s a tinderbox ready to explode. The question isn’t if, it’s when.” The clinic is asking the city council to mandate that the protesters move to the other side of street, away from the clinic entrance. In light of the increasing threats and violence against abortion providers and clinics, Florida pro-choicers are understandably on edge. Make sure to read the whole investigation.
Also in Florida, The 19th reports that 1 in 10 minors in the state are denied abortions by judges. And every time a new restriction is passed in the state, the rate of teens who are denied abortion care goes up. And the process by which a minor must ask a judge for a bypass largely doesn’t take the reality and nuances of young people’s lives into account. From Florida Lawyer Kristen Flynn:
One teen, she remembered, sought a bypass because she feared her father would be violent toward her if he found out she wanted an abortion. But while seeking the judge’s approval, she learned that mentioning this could trigger a mandatory reporting protocol for suspected child abuse. “She found out and clammed up at the hearing, didn’t say what she needed to say, and was denied,” Flynn said.
Planned Parenthood in Idaho has responded to Republicans’ latest bill that would label anyone who helps a teen travel out-of-state for an abortion as a ‘human trafficker’, saying, “All Idahoans should be paying attention to this extreme attempt at government overreach to control our movements in and out of the state.”
Quick hits:
I’ll get into detail on this tomorrow, but the short version is that Ohio reproductive rights groups are moving ahead with their plans to get a ballot measure in front of voters this November;
The West Virginia Senate is considering a bill to add rape and incest exceptions to their abortion ban;
Vox has a piece about Michigan Democrats’ plan to go bold on abortion rights (we love to hear it!);
The City Council in Dallas, Texas, reaffirmed the city’s support for abortion rights with a resolution to commemorate the anniversary of Roe v Wade;
And the Washingtonian profiles an abortion clinic that sits on the Virginia side of Bristol (where half of the city is also in Tennessee).
In the nation…
A reminder that a decision on abortion medication from a Trump-appointed judge could come down at any time now. If you need a refresher on the case, The Guardian has a really good rundown on what’s happening and what’s at stake. POLITICO is also covering the lawsuit, and reports that since the anti-abortion group sued the FDA last year, reproductive rights organizations have been pleading with the White House to do more in anticipation of the ruling;
“The Biden administration has, so far, rebuffed the groups’ calls for declaring a public health emergency for abortion. And top Biden administration health officials have downplayed the prospect that the pills may be banned, with HHS Secretary Xavier Becerra telling reporters last month that he’s “very confident” the court will side with the FDA.”
Well that’s nice, but I’m not at all confident that will be the case. And I wish this administration would have some sense of urgency on the issue.
Speaking of Biden: I wasn’t the only person disappointed by his State of the Union: The New York Times published an article today about the lack of attention the president gave to abortion rights and how confusing activists found the snub:
“He did not propose any new policy initiatives on the issue. Nor did he describe the struggles of the guests invited by a number of Democratic lawmakers and the first lady, Jill Biden, who represented the issue. Dr. Biden brought a Texas woman who almost died from sepsis after the state’s abortion restrictions caused a delay in treatment for her pregnancy.”
…“We really wanted to hear what the administration is prepared to do for the current reality of abortion access and the continued threats that exist across the country,” said Morgan Hopkins, president of All* Above All, a reproductive justice coalition. “We didn’t hear that.”
There’s still time for Biden to turn this around and come out with the energy and urgency the issue deserves—but I’m not holding my breath.
Yelp is battling it out with Republican state Attorneys General, who sent a letter complaining about the company’s plan to more clearly label crisis pregnancy centers. It’s sort of laughable: They know that these anti-abortion centers rely on women being tricked into their doors, and they don’t want anyone knowing as much. In response, Yelp’s general counsel wrote that their labeling is just “another way Yelp helps connect members of the public with the actual healthcare services that they seek.” Lol.
Quick hits:
Media Matters on the conservative freakout over the Associated Press language guide;
POLITICO on how Democratic governors are trying to protect abortion rights;
The Conversation on the court battles over abortion medication, as does The Atlantic;
And Reuters has a roundup of state battles to watch on abortion.
Listen up…
If you don’t listen to the podcast Strict Scrutiny, you should—especially because I’ll be a guest on an episode next week!
Keep an eye on…
I am furious today: The media coverage of Texas Attorney General Ken Paxton’s lawsuit against the Biden administration continues to get it absolutely wrong. I went on a tear about the latest piece in ABC News that claimed Paxton was suing over abortion pills—rather than pharmacists’ right to deny women access to any medication (including prescriptions for arthritis or ulcers) that they think could be dangerous to a pregnancy. There is zero reason for news outlets with this level of credibility, money and support to get this so dangerously wrong.
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