Abortion, Every Day (7.27.23)

Twitter is banning pro-choice ads

In the States

Missouri Republicans’s anti-democratic attacks on an abortion rights ballot measure continue on—with a strategy that should remind us all to get off the defensive. As I’ve mentioned previously this week, Secretary of State Jay Ashcroft wrote (and now has certified) a completely ludicrous ballot summary seeking to scare the shit out of voters. The summary claims that supporting the measure would allow for “dangerous, unregulated, and unrestricted abortion” by those without medical licenses. The St. Louis Post-Dispatch also points out some language that I didn’t catch previously: Ashcroft claims that the measure would allow abortion “after 24 weeks, while guaranteeing the right of any woman, including a minor, to end the life of their unborn child at any time.”

So in addition to hitting on the kind of parental rights scare-tactics we’re seeing out of Ohio, Ashcroft’s summary focuses on the notion of ‘no limits’ abortion. What’s so important about this is that the eleven different ballot measure versions that have been submitted by activists actually allow restrictions on abortion after ‘viability’. So Ashcroft is outright lying—which is not surprising. But that lie is also part of why I believe that abortion rights ballot measures shouldn’t have any restrictions. From a column I wrote back in April:

I understand the fear some pro-choicers have. They believe pushing for abortion rights without restrictions will give conservatives ammunition to call us extremists who want abortion 'up until birth'. But here’s the thing: They’re going to say that anyway.

And here we are, watching Republicans do just that. (Not just in Missouri, by the way, but Ohio, as well.) We also know that a recent poll showed that voters were actually more likely to support a hypothetical ballot measure that didn’t have language about ‘viability’—which we also know is a made up standard. Now is the perfect time to take a proactive stance.

Speaking of Missouri conservatives’ attacks on democracy: someone caught an anti-abortion activist in the state on video laying out exactly how they’re working with Republicans to stall and stop the pro-choice ballot measure. I did a fact-check of their claims on TikTok.

And in one last bit of Missouri news, Republican Lt. Gov. Mike Kehoe says that as “the father of three daughters” he would “consider” approving rape and incest exceptions to the state abortion ban if elected governor. How generous! As I’ve written before, this is the dangerous thing about exceptions: they allow Republicans to paint themselves as some how compromising on conceding on the issue, all the while knowing that the exemptions aren’t real.

Meanwhile, Ohio Democrats are raising the alarm over Issue 1, which seeks to raise the standards on ballot measures—reminding voters what the consequences are should Republicans succeed in their special election next month. House minority leader Rep. Allison Russo, for example, published an absolutely scathing op-ed in The Columbus Dispatch about the measure, writing that it “restricts your freedom to decide your own future.”

“At its core, the lack of respect for your freedom and way of life is a result of out-of-touch politicians who are drunk on power…I’m voting ‘no’ because the real power to decide important issues and hold our government accountable should be entrusted to the people—not politicians.”

We know there’s been an increase in abortions in pro-choice states, but here’s a shocking statistic: Colorado providers say they’ve seen a 500% increase in patients from Texas specifically. The Colorado Sun also reports that the abortion rate in the state is the highest it’s been in nearly 40 years—with about 70% of Planned Parenthood patients receiving abortion medication, and a marked increase in second trimester abortions. (For as much as Republicans claim to want to curb abortions after the first trimester, they sure are responsible for a lot of them!)

Adrienne Mansanares, president of Planned Parenthood of the Rocky Mountains, says, “When people don’t want to be pregnant, they will seek abortion care all over the country. It doesn’t subside because of these terrible laws.” 

In response to Idaho Republicans’ efforts to mislead women and girls into believing that they can’t get out-of-state care, Planned Parenthood is launching a campaign to let residents know that abortions are available in Washington and Oregon. From Rebecca Gibron, CEO of the regional organization:

“Extremist politicians in Idaho don’t want you to know that you can access legal abortion care just across our state border, but that won’t stop Planned Parenthood from telling you the truth, always.”

I wrote last month about New York Attorney General Letitia James’ efforts to stop an anti-abortion group that trespasses abortion clinics and tries to convince patients not to end their pregnancies (they call them abortion ‘rescues’). Gothamist reports that in addition to the lawsuit against Red Rose Rescue, James is seeking a temporary injunction to prevent the group from getting close to clinics while the case makes its way through the courts.

Speaking of good news: Illinois Governor JB Pritzker signed the Deceptive Practices of Limited Services Pregnancy Centers Act into law today, which prohibits deceptive advertising and misinformation by anti-abortion centers.

Finally, so much of the abortion news we see on the local level is about conservatives trying to ban abortion via small town ordinances in pro-choice states—so whenever I see some piece of good local news, no matter how small, I like to share it. Today, it’s that a new policy in Dane County, Wisconsin will allow for travel reimbursement for county employees and their dependents who need to leave the state for abortion care. Love to see it.

Quick hits:

• The Indiana Court of Appeals announced that oral arguments in the legal challenge against the state’s abortion ban will begin on December 6th;

• Public radio in Pennsylvania outlines the new package of abortion rights legislation;

• Virginia Public Radio on state Democrats focus on abortion rights ahead of the November elections;

• And in Massachusetts, opponents of a bill to prevent anti-abortion centers from lying to women argue that the word ‘deceptive’ is too vague. (Insert world’s biggest eye-roll.)

In the Nation

Grace told you yesterday that about a dozen Republicans want to remove the anti-abortion language from the Department of Agriculture spending bill. Axios has more on that intra-party discord today, reporting that the disagreement increases the chances of a government shutdown. Rep. Mike Lawler, a Republican from New York and one of the lawmakers pushing to strike the language from the bill, says, “Some states allow [mifepristone] to be mailed, some states don't, but that should be a decision with the states and the FDA, not Congress.”

In related news: More than 100 reproductive rights organizations have signed onto a letter urging lawmakers to strip the anti-abortion language from spending bills.

Republican Sen. Tommy Tuberville is doubling down. The Alabama lawmaker, who has been holding up military promotions in protest of the Pentagon’s abortion policy—which allows service members time off and travel reimbursement for out-of-state abortions—spoke to the Catholic News Agency today:

“I hate to have to do this. But they’re going to listen. They think I’m going to change my mind. I’m not changing my mind. They’re going to be stuck with a lot of admirals and generals without promotions.” 

President Biden called Tuberville’s actions “dangerous” recently, and even Republicans aren’t thrilled with his unwillingness to move on the issue.

Abortion, Every Day told you last month about Twitter’s quiet anti-abortion advertising policy: the social media giant suppressed North Carolina state Sen. Rachel Hunt’s campaign video because, a Twitter employee told her representatives, of “the mention of abortion advocacy.” It looks like Elon is at it again, this time over an ad targeting Ohio voters featuring a Republican politician in a couple’s bedroom. Joe Jacobson, executive director of the group that released the ad, Progress Action Fund, says, “Elon Musk loves free speech, but only when it’s convenient for him and his far-right political agenda.”

Quick hits:

• NBC News on Republicans’ strategy claiming that Democrats support abortion ‘up until birth’;

• MSNBC on Republicans’ attacks on PEPFAR (which Grace outlined a bit yesterday);

• Teen Vogue reminds us that over-the-counter birth control isn’t really accessible until it’s free;

• And the private equity owners of the emergency contraception brand Plan B are considering selling the company.

Anti-Abortion Messaging: Ballot Measures

It’s becoming increasingly clear that what’s happening in Ohio with an abortion rights ballot measure is going to be a model for conservatives’ battles in other states We’ve watched as Republicans try to keep abortion rights as far away from voters as possible, and as anti-abortion activists deliberately sow confusion as to what the measure will actually do. We can be sure that the anti-trans and parental rights bullshit will be exported to any other state considering protecting or restoring abortion rights via ballot measure.

I’ve also noticed a shift in conservatives’ language around ballot measures that’s worth paying attention to. For months, Republicans have said that their effort to quash abortion rights ballot measures were just about keeping ‘out-of-state special interests’ from buying their way into the state constitution. They’re not giving up that language, but they are adding to it by focusing on two things:

Claims that abortion rights ballot measures will ‘invalidate’ state laws: For example, the National Review says that the Ohio ballot measure “is written in a lawyerly way to ensure that courts would invalidate Ohio’s version of the Hyde amendment.” I’ve seen similar claims from conservatives that measures in places like Florida and Missouri will ‘invalidate’ existing parental consent laws. Now, obviously, in anti-choice states these measures absolutely will invalidate abortion bans—that’s the whole fucking point. But anti-abortion activists know that abortion bans are unpopular, so they don’t mention them. Instead, they want voters to believe that ballot measures will somehow strike down the existing laws that they support.

Claims that ballot measures let abortion advocates “override” legislatures: It’s anti-abortion activists and Republicans who are passing abortion bans against the wishes of voters, yet somehow they want Americans to believe that it’s pro-choicers who are attacking democracy. As is the case so often with anti-abortion activists, it’s all about projection. The Catholic News Agency. for example, writes that “proponents of abortion are trying to override the legislature by putting all of their resources into one campaign that would make these policies permanent and very difficult to repeal.” In the same piece, Stephen Billy of Susan B. Anthony Pro-Life America says that ballot measures are a way for abortion rights advocates to strip power from lawmakers because “they have very little public support for their extreme policies.” Remember what I said about projection??

In any case, it’s something to pay attention to.

2024

Nikki Haley is at it again. After her bizarre CNN townhall moment where Haley said “we can all come together” to agree that women shouldn’t go to jail or be executed for abortion—as if that was some sort of benevolent, amazing idea—the Republican presidential candidate has doubled down on the talking point. During a New Hampshire campaign event, an audience member asked Haley how women who have illegal abortions should be punished. This is how she responded:

“In order for us to have a federal law, we’re going to have to have consensus. What does that consensus look like? Can’t we all agree that we don’t want late-term abortion? Can’t we all agree that we want to encourage more adoptions and good-quality adoption so that children feel more love, not less? Can’t we all agree that doctors and nurses who don’t believe in abortion shouldn’t have to perform them? Can’t we all agree that contraception should be accessible? And can’t we all agree that a woman who gets an abortion should not be subject to the death penalty or get arrested?”

I’m not even going to bother to say anything about her use of the word ‘consensus’, because I know you’re all sick of me talking about it. But I really am struck by the fact that Haley’s people clearly told her that this was a good messaging tactic—and that The New York Times reports that the audience thought so, too! Republicans like Haley aren’t being ‘moderate’; they’re trying to redefine the middle. Seeking the death penalty for abortion was never being floated as a mainstream idea, and we’ve had access to birth control for decades. Are we really going to sit back and watch these people paint stances like this as a reasonable gift to voters rather than a given?

• Former Vice President Mike Pence says that as president, he would only appoint anti-abortion heads to the CDC, FDA and HHS.

• Former Texas Congressman Will Hurd broke with the rest of the Republican pack on abortion, saying he doesn’t support a federal ban: “We need to make sure this is a state issue, so the states can clarify.”

Criminalizing Care

In the wake of a Nebraska teenager being sentenced to 90 days in jail after self-managing abortion, it’s worth asking: Where are all the anti-abortion activists? They’ve said again and again that they don’t believe in arresting women for abortion. Over 70 anti-abortion groups even signed onto a 2022 letter claiming to oppose the criminalization of pregnant people.

So why aren’t they speaking up? Could it be because they’ve always known people would be arrested for abortion and that that is the point? It’s not a coincidence, for example, that there’s been so much talk about “equal protection” for fetuses—a legal designation that would classify abortion as homicide and make it punishable as such. The truth is that these organizations and activists always knew that pregnant people were going to be criminalized; and no matter what they say to the contrary, it’s exactly what they want.

As do Republican lawmakers and leaders: There’s a reason that 19 state attorneys general want access to the medical records of those who get out-of-state abortions. Illinois AG Kwame Raoul has responded to the move in a Chicago Sun-Times column that essentially says, you’re not getting any of those records from us. Raoul points specifically to the state’s shield laws and commitment to abortion rights—which are especially important now that Illinois abortion providers are seeing a massive increase in out-of-state patients. Raoul also points out something vital:

“We know these attempts to pry into patient privacy likely won’t stop at abortion. Access to essential health care like contraceptives, HIV treatment and gender-affirming care may also be at stake.”

A few other responses to the letter from Republican AGs, which pushes for the reversal of a HIPAA expansion to protect abortion patients’ data:

• Planned Parenthood in Indiana called AG Todd Rokita’s endorsement of the letter a “a disgusting overreach of government authority designed to scare and intimidate patients away from accessing legal health care.”

• The Anchorage Daily News editorial board calls the move “antithetical to our values” in Alaska, where the right to privacy is enshrined in the state constitution.

• And Angela Cooper with the ACLU of Kentucky asks, “if they weren’t going to try to prosecute or otherwise harass the people who seek out of state care, why would they need that information at all?”

The Care Crisis

This is rich. If you’re a regular Abortion, Every Day reader, you know that OBGYNs are in the middle of a mass exodus from anti-choice states and that states with abortion bans are having a hard time recruiting new doctors or residents to replace them. This has proven to be a tough messaging nut to crack for conservatives—some have claimed that pro-choice groups are unnecessarily scaring doctors, others have blamed the doctors for abandoning their patients over abortion bans.

But this latest take has got to be my favorite: The “medical coordinator” for Students for Life, Gavin Oxley (who does not seem to have any medical expertise) writes at Fox News that the real reason for the OBGYN shortage is that doctors don’t want to be in a field where they perform abortions. That’s right, it’s not that abortion bans are running doctors off—abortions themselves are. They are desperate.

Finally, I really recommend reading this incredible piece from the Los Angeles Times about a Georgia actress who found out that her fetus had a fatal abnormality. Reporter Anita Chabria takes us through Michelle Mitchenor’s thought process as she came to terms with the reality of her pregnancy and the decision she made next.

“She began to ask questions of herself rather than her doctors. What obligation do I have to survive for Noir [her existing child]? What obligation do I have to survive for my husband? What would Serenity suffer, if she was born alive? What was she suffering in the womb? She began to see that her accountability as a mother demanded that she not hope against reality, but face it.

‘I can make a decision to say, You know what, I’m going to release this light inside of me and trust that this is the best decision for my child and for my family. And I have the autonomy to do that.’”

“Release this light inside of me” is a sentiment that is going to stick with me. It’s a really difficult, but beautiful, article.