Abortion, Every Day (10.18.23)

Colorado anti-abortion activists say 'abortion reversal' is a religious exercise

Hey, It’s Grace Haley, researcher for Abortion, Every Day and I am bringing you the newsletter today. I want to reiterate just how cool it is that we live in a society where a celebrity like Britney Spears feels supported enough by her fans to share her abortion story in this post-Roe moment in history. I’m sending all my well wishes her way. Anyways, let’s get started with the newsletter– 

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In the States

A Colorado judge heard arguments yesterday over the state’s law banning “abortion reversal” procedures. What’s interesting is the way that anti-abortion activists are challenging the law: they’ve brought forward a religious freedom lawsuit. Mark Rienzi, a lawyer for anti-abortion center Bella Health and Wellness, said, “This is a religious exercise and they have now banned the plaintiffs’ religious exercise.”

The argument comes after three state medical boards refused to get behind ‘reversal’ as professional conduct, so it’s clear activists have switched gears. The judge signaled he would have a ruling by Monday. We’ll keep you updated once we hear more from the case. 

Democrats in Michigan have been fighting to expand abortion access through the Reproductive Health Act (RHA), which would repeal anti-abortion TRAP laws in the state. But legislation has been stalled because of a lone Democrat lawmaker. State Representative Karen Whitsett said her objection was over a provision that would allow Medicaid funding for abortions—a vital part of the bill. But even after a vote yesterday that cut the provision, Whitsett told reporters she still wouldn’t vote for the RHA. Now, she says, it’s because of Michigan’s 24-hour waiting period.

A spokesperson for Planned Parenthood of Michigan voiced concerns over recent moves to appease Whitsett and her continued refusal to support the bill:

“This is deeply disappointing. Bans on insurance coverage for abortion act as de facto abortion bans for people with low incomes. Voters turned out in record numbers last fall to enshrine the right to abortion access in our state constitution – but for people who are facing the most barriers, for people who are struggling to pay rent and keep food on the table, that's a right in name only.”

The eradication of the 24-hour waiting period is also incredibly important right now: the mandate has made it harder for out-of-state patients traveling to Michigan for care. 

Democrats hold a slim 56-54 majority in the Michigan state legislature, and every Democratic vote is necessary for the bill's passage. Read more about the details of the bill here. 

Keep an eye on this: Illinois Gov. J.B. Pritzker is launching a new abortion rights organization focused on pro-choice ballot measures. The mission of Think Big America is to push more national attention—and financial backing—towards protecting abortion in state constitutions. Nevada, Ohio and Arizona are the initial target states for the group. (Pritzker, already a major political donor to Democratic politics, is modeling the organization after billionaire Tom Steyer’s impactful dark money group NextGen, which focuses on climate and youth advocacy.)

We’ll be watching the response from grassroots organizations and abortion rights advocates. In general, local groups have been split over the recent trend of having powerful national groups coming into local efforts. On one hand, critics argue that they sweep into states and push for moderate abortion efforts (see: recent debates over the viability line). On the other hand, there’s support for activism that goes on offense.

As you may remember, city officials in Worcester, Massachusetts have been fighting over whether or not to pass a law regulating their crisis pregnancy centers. Unfortunately, the ordinance —which would ban deceptive practices by the religious groups—was dealt a blow yesterday. Worcester councilors voted to end debate about regulating anti-abortion centers, essentially tabling pro-choice efforts. It’s a frustrating development, especially because city officials’ stated concerns over being sued over the law were recently put to rest by an independent legal organization.

We’ve been seeing similar battles play out in places like California, Connecticut, and Illinois. As Jessica pointed out in Part II of “The GOP’s Plan to Ban Birth Control,” the proliferation of these groups isn’t just about spreading anti-abortion propaganda and limiting women’s ability to care—they’re a central part of conservatives’ post-Roe strategy to restrict contraception. And so ordinances trying to protect communities from deceptive ads and misleading claims from religious anti-abortion centers are more important than ever.

Wisconsin Republicans passed a package of anti-abortion bills yesterday, which Gov. Tony Evers has already promised to veto. They include some of the strategies that we’ve been talking about quite a lot here, including funding for crisis pregnancy centers and an attempt to redefine abortion as an ‘intention’. (As we’ve seen elsewhere, the bill says that ending ectopic, embryonic and molar pregnancies aren’t really abortions—a way to try to decouple abortion from healthcare.) The package also had originally included a bill that would allow people to claim fetuses on their taxes, a move that’s less about helping pregnant people than it is enshrining fetal personhood, but it was left off the voting calendar this round.

Remember, Wisconsin’s ban hasn’t been repealed—but Planned Parenthood clinics in the state have resumed providing abortions after a recent ruling from a judge (saying that the ban isn’t actually a ban) gave the group the legal confidence they needed to move ahead.

You may remember that the Catholic Church has spent a lot of money and energy opposing Issue 1 in Ohio, encouraging parishioners to vote against the abortion rights amendment. (Dioceses in Cleveland, Columbus and Cincinnati alone have given nearly $1 million.) WKYC did a quick segment on how the Church has been lobbying against the measure, and how Catholics feel about abortion more broadly:

In better news: The first poll released on Ohio’s abortion rights ballot measure show 58% of voters support the measure!

Quick hits:

• More on the anti-abortion groups suing San Antonio, Texas over the city council’s fund to help people access reproductive health services;

• USA Today on whether Virginia abortion rights and Gov. Glenn Youngkin’s proposed abortion ban will determine the state’s upcoming election;

• And Axios on how abortion could decide the Des Moines mayoral race in Iowa.

In the Nation

With all eyes on Congress, Ohio Rep. Jim Jordan fell 22 votes short of the 217 he needed to win the speaker’s gavel earlier today. This is Jordan's second failed bid this week, and Republicans are split over what to do next: change congressional rules to give more acting power to the Republican interim speaker-pro-tempore, Rep. Patrick McHenry, or attempt to strong-arm detractors into supporting Jordan. 

One thing I wanted to highlight here: Rep. Jim Jordan has an extensive anti-abortion record, and his speakership bid has endorsements from major powerhouses in the anti-abortion movement, including Susan B. Anthony Pro-Life America. (Here is his A+ rating scorecard from the group from earlier this year). In a statement before yesterday’s vote, SBA Pro-Life America President Marjorie Dannenfelser paraded his anti-abortion record and called for a united backing behind Jordan.

From the start, Jordan has been a key politician in the anti-abortion movement. He’s long said that banning abortion was one of the main reasons he entered politics to begin with, and the speakership spotlight would give him an even greater platform to push anti-abortion policies.

Jordan has most recently been behind the efforts to overturn the Freedom of Access to Clinic Entrances (FACE) Act, the federal law that protects abortion clinics from anti-abortion violence—and has threatened to withhold FBI funding as a means to gut protections. After Roe was overturned, he co-sponsored the “Protecting Pain-Capable Unborn Children from Late-Term Abortions Act,” the House’s right-wing efforts towards a 15-week national abortion ban. And for over a decade he has pushed for fetal personhood legislation allowing 14th Amendment protections for fetuses. 

Like I said, an extensive record!

And if all that wasn’t enough, Jordan also pushed the conspiracy theory that the story of a 10-year-old girl from Ohio who was raped and forced to travel across state lines to find abortion care was “another lie.” This is what a Rep. Jim Jordan-led House would look like.

Quick hits:

• The anti-abortion movement is starting their campaign against the Equal Employment Opportunity Commission, the law combating discrimination in the workplace;

• Rewire on how pro-abortion public figures need to say the word “abortion” when discussing their support of abortion rights;

• And the challenges WHO faces while advancing sexual and reproductive health protections in Europe.

Texas Mifepristone Lawsuit Update

The Alliance for Hippocratic Medicine, the conservative legal group at the heart of Texas’ mifepristone lawsuit, filed their petition urging the Supreme Court to not review the mifepristone case. But if the Court does decide to take up the case, the group is asking Justices to consider a full review over whether the FDA unlawfully approved the drug. The Court hasn’t said whether they’ll hear the case, but experts say it is likely.

As you may recall, part of conservatives’ attack on the FDA approval of mifepristone revolves around the idea that abortion medication doesn't provide a “meaningful benefit” over surgical abortion, and that it lacks the credentials to be considered a necessary or “therapeutic” procedure. From the petition:

“First, the term “therapeutic” relates to the treatment or curing of a disease or disorder… But as explained above, pregnancy is not an illness requiring therapeutic treatment. Second, FDA approved these drugs for use in healthy pregnant women who lack a serious or life-threatening illness to treat. Third, these drugs do not treat pregnancy-related complications, such as life threatening ectopic pregnancies.”

They’re also arguing that mifepristone is dangerous, and are trying to either keep the restrictions put in place by the Fifth Circuit or get the medication outlawed altogether. For more on the lawsuit, here’s our explainer. And remember: Abortion medication is legal and available: Aid Access, Plan C Pills, Hey Jane, Abortion Finder, I Need An A

“Reproductive freedom as a messaging framework, versus the choice-life binary, was clearly becoming a lot more effective and persuasive in how we talk about abortion…From a values perspective, it also means centering the folks most affected by abortion access, and those are people of color. So this was an opportunity for us to match our message frame and our branding.”

~ Mini Timmaraju, president of Reproductive Freedom for All (formerly NARAL Pro-Choice America), speaking to The Grio about the organization’s name change, and how it helps to center Black women.

Stats & Studies

A new KFF Health News survey shows that 1 in 4 U.S. employers say that their health insurance plans heavily restrict abortion coverage, or don’t cover legally provided abortions under any circumstances. This lack of coverage is just another example of how restricting abortion isn’t just about legislation—but access.

The research looks at how a notable portion of employers across the country are refusing to provide their workers with health plans that cover legal abortions, leaving workers to pay out-of-pocket for abortion care and related costs (assuming they’re able to access an abortion at all).