Abortion, Every Day (5.12.23)

In the States

It will not surprise you to know that most of the news out of the states today has to do with Republicans undermining democracy in order to ban abortion. So buckle up.

Wyoming’s ban on medication abortion is set to go into effect on July 1. (This ban, specifically on abortion medication, is different than the total abortion ban that was passed and later blocked.) Given the rapidly-approaching date, pro-choice advocates have asked a judge to put a block on the law by June 30. In their filing, the plaintiffs write that “because virtually all abortions in Wyoming are medication abortions, the Medication Abortion Ban appears calculated to effect a back-door ban on abortions.”

We’re seeing a lot of these back-door bans lately: In Utah, for example, where Republicans passed a law requiring abortions be performed in hospitals—a way to ban abortion clinics in the state. (Abortion was otherwise legal up until 18 weeks.) Conservative legislators are willing to do anything and everything to ban abortion, no matter what voters—or the law—says.

Speaking of Republicans breaking all the rules to make sure abortion is illegal: Ohio is moving forward with Republicans’ $20 million August election to ask voters to raise the standards on ballot measures. If they’re successful, ballot measures will require 60% of the vote to pass, making it all the more difficult for pro-choice activists to pass an amendment seeking to restore abortion rights in the state. (A 2022 poll showed that 59% of registered voters in the state would support an abortion rights amendment.)

Kellie Copeland of Ohioans for Reproductive Freedom told CNN, “These politicians know that their radical views on abortion care can’t win a fair vote, so they’re rigging the system.” Pro-choice groups are looking into whether they can bring a legal challenge against the special election.

Meanwhile, Oregon Republicans are still boycotting: state senators have refused to come to work for over a week now in order to stall votes on bills related to abortion and gender-affirming care. Democratic Senate President Rob Wagner said, “It is abundantly clear that there is a concerted effort to undermine the will of people and bring the Legislature to a halt in violation of the Constitution of the state of Oregon.”

We’ve spent a lot of time here at Abortion, Every Day talking about Tennessee: It has one of the strictest abortion bans in the U.S., and national anti-abortion groups have paid the state particular attention because they see its ban as a model for the entire country. I’ve pointed out in the past that the language of the bill—which defines life as beginning at fertilization—was always meant as a way to go after contraception and IVF. (Something that activists at Susan B. Anthony Pro-Life America outright admitted on a leaked phone call between the group and Tennessee legislators.)

That’s why I was so happy to see a local Tennessee news station do an exposé on this exact strategy. WSMV spoke to reproductive rights attorney Chloe Akers about the language of the law:

“As an attorney I know words matter, and the people who write laws know it. This was very intentional; this was very direct and this was designed to leave the door open to regulate IVF in the future.”

The article even mentions those leaked strategy sessions, and the way that Stephen Billy of Susan B Anthony Pro-Life America said, “Maybe your caucus gets to a point next year, two years from now, three years from now where you do want to talk about IVF and how to regulate it in a more ethical way or deal with contraceptive issues, but I don’t think it’s a conversation you need to have now…” (The idea being that they can definitely go after contraception and IVF, but they need to give it a little time so that voters don’t get too pissed off.)

It’s incredibly important that the people of Tennessee understand that this was never just about abortion. And the more we have local outlets investigating and sharing these stories, the better.

I also wanted to make sure people saw this incredible floor speech by Illinois Rep. Gregg Johnson, who spoke on Wednesday about why voting for abortion rights protections is so important to him: When Johnson was 8 years-old, his mother died from severe preeclampsia after being denied an abortion. It’s a horrific story, but an important one—and a good reminder that abortion isn’t just an issue that impacts those who can get pregnant, but everyone in their lives.

Three Jewish women in Kentucky have brought forward a suit against the state’s abortion ban, arguing that it violates their religious freedom. From the Kentucky Lantern:

“The three women, all mothers, say they would like to have more children but fear the potential impact of Kentucky’s laws on needed fertility treatments or prenatal care in case of complications that could disrupt a pregnancy or force them to carry to birth a malformed fetus at personal risk.

Similar religious freedom lawsuits have been brought in multiple states, from organizations and people who say that the religious aspect of abortion rights has been co-opted by Christianity. Related: If you want to read a really, really good piece on these types of lawsuits and the typically offensive legal response from anti-choice activists, check out this terrific Slate article that Dahlia Lithwick wrote in March.

If you’re looking for another good read, consider checking out this Teen Vogue op-ed from two Latina abortion rights organizers in Texas, who answer the question: “Why don’t they just leave?” Ana Ramón and Sophia Reyes of Annie’s List—an organization that helps elect pro-choice, progressive women in the state—write, “for us, there is no leaving Texas.”

“It is our home and we will fight for it with everything we’ve got…Our state has the potential to be the cornerstone of growth and progress and truly reflect the people who live and call Texas home…Don’t count out Texas, and don’t count out Texas women.”

Finally, all eyes are still on North Carolina as Gov. Roy Cooper prepares to veto Republicans’ abortion ban at a rally in the state tomorrow. Gov. Cooper has been trying to find a single Republican to do the right thing—not vote to override his veto—but so far, no such luck. A reminder that not only do North Carolina voters support abortion rights, but the bill that the state GOP is presenting as compromise is anything but. (Read my column on it here.)

Quick hits:

• Idaho health officials are trying to sort out how to track and investigate maternal mortality now that their committee on the issue has been shut down;

• Illinois women will soon be able to get hormonal contraception over-the-counter;

• A round-up of some of the abortion rights laws passed in Colorado this session;

• President of Planned Parenthood of Michigan, Paula Thornton Greear, with a call to protect Black mothers and reduce maternal mortality;

• And a piece about young Democrats in Florida and how they’re thinking about abortion rights.

In the Nation

The Atlantic published a profile today of abortion provider Warren Hern, one of the few doctors in the U.S. who performs abortions later in pregnancy. It’s a complicated article (and issue) so I’m curious what you all think. What continues to strike me—and you know I’ve written about this before—is that Democrats haven’t made better use of the reality of later abortion when responding to Republicans’ extremist messaging. This is a procedure that costs thousands of dollars, that takes multiple days, is psychically taxing, and that only a few doctors perform. It’s not something that it done lightly, easily, or commonly. When Republican candidates talk about later abortion, instead of running from it—Democrats need to lean in. (I wrote about this a bit back in September.)

You know that the biggest trend we’re seeing in abortion rights is how Republicans truly don’t give a shit about democratic norms when it comes to enacting bans. Today, The 19th has a piece about how Republicans are passing abortion bans against voters’ wishes—most notably, the way that they’re relying on forum and judge shopping. (Something the anti-abortion movement sees as potentially more powerful than state legislation.)

“[Forum & judge shopping] could offer one of the most meaningful avenues to restrict access to abortion—and is also insulated from democratic pushback. Federal judges can have the power to effect policy that may not be able to get the votes to pass in a state legislature. They are also unelected, and not typically held accountable to voters.”

Rebecca Kreitzer, a public policy professor at the University of North Carolina Chapel Hill, says that this focus on the courts is revealing: “In the long term, Republicans know they are on the losing side of some of these issues, so they are trying to finalize things as quickly as they can.” It’s terrifying, honestly. But we need to be talking about this tactic every day.

Last month, I reported that the Biden administration was updating HIPAA in order to protect abortion providers and patients—a change that would prohibit health care insurers or providers from giving private health information to any law enforcement official targeting abortion cases. But in Stat News today, digital privacy experts write that the rule doesn’t go far enough:

“While well-intentioned, this rulemaking will further codify the rapidly growing reproductive health disparities at the state level and do little in abortion ban states that already have the weakest support for maternal health. Just as state-based policies that overruled or ignored federal mandates during Covid resulted in exacerbated disparities and higher death rates, in its current form, this rulemaking will leave too many women behind—including those who, arguably, need its protections the most.”

The writers—two Duke professors and the CEO of a health organization—also point out that the rule doesn’t address privacy concerns when it comes to online data, and the way that consumer data is being surveilled. They believe that anti-abortion groups and anti-choice state governments, for example, could use stalkerware to pursue criminal investigations and “even vigilantism.” Definitely check out the whole piece, it’s a good look into the kind of privacy fights we have ahead of us, and what we might do to protect ourselves and others.

Quick hits:

• The Conversation has an explainer up of the Comstock Act, which we know is going to be the next big fight in abortion rights;

• The New Republic on why Biden’s re-election campaign will focus heavily on Vice President Kamala Harris (hint: it’s about abortion);

• A column at the Los Angeles Times urges people to come forward with their abortion stories this Mothers’ Day in an effort to reduce stigma;

• MSNBC delves into Rep. Nancy Mace presenting herself as moderate (on abortion and beyond) despite all evidence to the contrary;

• And small businesses around the country continue to stock free emergency contraception in their bathrooms to give out to customers (which is both inspiring and depressing).

Stats & Studies

I told you yesterday about the new report from the National Abortion Federation showing a disturbing uptick in harassment and violence against abortion clinics and providers. I’m flagging it again—not just because it’s that important, but because the group put together an interactive map that gives folks a sense of what kind of anti-choice violence and harassment providers are seeing across the country. It includes audio snippets of interviews with clinic staff, who talk about what they’re seeing in their communities.

Here’s one of the audio clips in the report, an interview with Julie Burkhart, president of Wellspring Health Access—the clinic that was the victim of an arsonist. (Who was just recently apprehended.)

It’s a vital tool, definitely make the time to check it out.

2024

The woman who asked Donald Trump about his abortion stance at the CNN town hall says she was disappointed in the disgraced former president’s response. “He didn't actually answer me,” she told ABC News. The sooner people realize that he is never going to answer this question, the better. Especially because it doesn’t matter what he says about abortion—he’s a sociopathic liar, and anything he does if (god forbid) he was elected again will have nothing to do with promises made during a campaign. He’ll do whatever is good for him in the moment, on that particular day. Voters should know better.

What continues to make me afraid, though, is the way that Trump’s non-answers will work for him. We know that there are Republican women who are furious about abortion bans, and that abortion bans are incredibly unpopular—by positioning himself as the only ‘reasonable’ candidate on abortion, he can absolutely get their votes. Which makes me sick, but is still true.

Related: NPR has a piece on how Florida Gov. Ron DeSantis is trailing former president Donald Trump in the polls, and what that has to do with the governor’s 6-week abortion ban.

You Love to See It

Ever since the MYA Network came out with their images of what early pregnancy and abortion really look like, I’ve been wanting to see them on a poster. It feels like such a necessary response to the protesters who use fake and misleading images in front of clinics. Right on cue, they’re selling posters! Get yours here.