Abortion, Every Day (2.1.24)

The GOP wants to make it easier for extremists to harass patients

Click to skip ahead: Let’s start with some good news in You Love to See It. In the States, updates from Kentucky, Tennessee and more. A difficult but important story in Abortion Ban Consequences. In the Nation, anti-abortion activists are pissed off about the FACE Act. In 2024, there’s new polling showing Biden leading Trump among women. And check out a few vital quick hits in Care Denied.

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You Love to See It

I figured why not start with some good news today: You may remember that Oregon Republicans staged a walkout this summer over legislation on abortion and trans rights, which ended up stalling hundreds of bills. The ‘protest’ only ended after they reached a so-called compromise with Democrats that watered down abortion protections for minors, removed provisions to expand access in rural areas and near college campuses, and stopped a ballot referral that would have automatically put an abortion rights amendment in front of voters.

So what’s the good news? The Oregon Supreme Court ruled today that the ten Republican state senators who refused to their jobs can’t run for reelection in 2024. A rule approved by voters in 2022 disqualifies legislators from reelection if they have more than 10 unexcused absences, but five of the Republicans sued when they realized their actions have consequences. Today, the Court upheld the rule. Cue the world’s tiniest violin.

In the States

Kentucky Democrats introduced legislation to repeal the state’s total abortion ban—a move that’s unlikely to go anywhere, but will remind voters that these restrictions are being passed against their wills.

Rep. Lindsey Burke told the Associated Press that “there’s very little appetite for change, at least among the supermajority,” but that mobilizing action and anger will eventually lead somewhere. “I think we will get to a place where action will be required, and I will look forward to that day,” Rep. Burke said. Me too, very much so.

Remember, Kentucky Gov. Andy Beshear won reelection in large part because of anger over the state’s extreme ban, and an ad featuring a young woman who was raped and impregnated as a child. Yet when Democrats introduced a bill earlier in the session to add exceptions for rape, incest, nonviable pregnancies and medical emergencies to the state’s ban—the Republican-controlled legislature wouldn’t let it go anywhere. Stuff like that is going to bite them in the ass eventually.

Kentucky’s Rep. Burke also introduced bills that would protect patients’ medical information when they seek out-of-state abortions, and provide resources around postpartum depression.

Some Republicans in the South can see the writing on the wall: Nashville Public Radio has an interview with Tennessee Sen. Richard Briggs, a Republican lawmaker who wants to loosen the state’s abortion restrictions. If Briggs’ name sounds familiar, it’s because he’s the guy who introduced a bill that would allow abortions to protect women’s fertility.

Obviously we want as much access as possible, but as I wrote last month, it’s nauseating that in the face of so many stories about women going septic and their lives being endangered, it’s somehow our fertility that sparks action. But I imagine it’s a move that will resonate with conservative lawmakers—it adheres to the narrow role they want for women. Namely, motherhood.

More from Tennessee: I’m sure you remember that a group of women are suing the state after being denied vital care because of the abortion ban. Today, The Guardian has a profile of one of those seven women, K Monica Kelly, who had to travel to Florida after getting a devastating diagnosis. One of the things that always strikes me in these stories is that patients say the same thing over and over again about their experiences: they talk about the horror of what their state’s law did, but the incredible kindness of clinic staff:

“‘They were really compassionate and kind,’ Kelly said, her voice choking up with tears. ‘That was the hardest part—just not wanting to go through with it or be there but knowing it had to be done, and then having someone just tell me it was gonna be OK. They made me feel comfortable.’”

Not that anyone had doubts as to who the good and bad guys were in this fight—but stories like Kelly’s always drive that home.

Speaking of the bad guys, I couldn’t help but get pissed off over this quote from a New Hampshire Republican. While debating a proposal to protect abortion rights in the state constitution—an effort that failed to get the three-fifths majority it needed to go to the Senate—Republican Rep. Katelyn Kuttab said the amendment would allow abortions “right up until birth simply because a woman wanted one and a doctor felt it was necessary to honor that wish.”

Leaving aside the exhausting and absurd abortion ‘up until birth’ line, it was the “simply because a woman wanted one” that got me. In what universe does a woman just decide to “want” an abortion at nine months? In what world is someone paying thousands of dollars, traveling to one of a handful of clinics, and undergoing a complicated multi-day procedure because they decide willy-nilly they don’t want to be pregnant anymore? It’s absurd.

The New Hampshire legislature’s debate over the possible constitutional protections came alongside other abortion rights legislation—including a bill restricting abortion after 15 weeks, and one that would ban abortion after 15 days. Both bills, thank goodness, were defeated.

Earlier this week, I told you how the Pennsylvania Supreme Court ruled that providers can challenge the state’s ban on Medicaid-funded abortion—a ruling that hinted at justices believing abortion is protected in the state constitution. Today, reproductive rights lawyer Kathryn Kolbert—who has argued abortion cases in front of the U.S. and Pennsylvania Supreme Courts—has a piece in The Philadelphia Inquirer about that case.

Kolbert writes that while the importance of the ruling and what it means for the future of the state can’t be overstated, the fight is far from over: “We must continue to vote for, work for, and contribute to candidates who support abortion rights as if our lives depend on it—because they do.”

Washington saw a 46% increase in out-of-state abortion patients last year, with the number of total abortions increasing by 23%. The numbers come from a report compiled by U.S. Sen. Maria Cantwell’s office, which also found that there’s been a huge strain on abortion providers—both because of staffing shortages and an increase in threats and harassment.

Karl Eastlund, president of Planned Parenthood of Greater Washington and North Idaho, said that doctors in the areas closest to Idaho are facing the greatest number of in-person threats—with the increasing harassment making it more difficult to recruit and retain clinic workers. I’m trying to pay close attention to what’s happening on the Washington-Idaho border—it very much encapsulates what’s happening across the country. So if anyone has tips, remember to shoot me an email.

Washington providers, like so many other doctors in pro-choice states, are also relying heavily on abortion medication and tele-health. Just one of the many reasons why the Supreme Court case on mifepristone restrictions is going to be so, so important. With less abortion medication access, already-overwhelmed doctors will be even more inundated, and patients will have even less options.

Finally, speaking of maintaining access: Florida abortion rights activists are gearing up for two big decisions from the state Supreme Court. The Ron DeSantis-stacked Court will be issuing a decision on the state’s 15-week abortion ban—a ruling that could pave the way for the enactment of a stricter, 6-week ban. (Which would absolutely decimate access in the South.)

The Florida Supreme Court also needs to approve or reject the language of a proposed pro-choice amendment. The ballot measure campaign led by Floridians Protecting Freedom collected enough signatures to get abortion on the ballot, but won’t go in front of voters without the okay of the Court. Republican Attorney General Ashley Moody has already petitioned the justices to reject the amendment, claiming that its language on ‘viability’ is deliberately misleading.

Quick hits:

• Arizona Republic on why Arizona’s biggest anti-abortion donor is a lawyer from Washington;

• The Houston Chronicle on how Texas’ abortion ban endangers women in abusive relationships, and the 1A podcast talks to Texas doctors about the state ban;

• And some very sad news: Planned Parenthood North Central States is eliminating 36 positions across Minnesota, Iowa, Nebraska and the Dakotas.

Abortion Ban Consequences

This is a horrific story involving infant death and a teen girl, so please know that before reading further. A Texas teenager has been sentenced to 15 years in prison for capital murder after admitting to killing her newborn. The unnamed teen was just 15 years old when she gave birth at home after hiding the pregnancy from her strict and religious family. She had been desperate to get an abortion, but—obviously—Texas law prevented her from doing so.

Text messages and Snapchats show that the teen and her boyfriend talked about being afraid to tell her parents, the possibility of getting abortion pills, and that she asked him, “What if I try to get a miscarriage?” Later she asked him to punch her in the stomach. The girl’s lawyers say she was extraordinarily naive, had no sex education, and was terrified her religious parents would disown her.

It’s an absolutely awful case—the kind I expect we’ll see more of in the coming months and years.

I also wanted to flag something from the trial: prosecutors got access to the teenager’s social media messages and made sure to pick out the ones that would make the girl seem the most callous, including one that said, “I can’t wait to have my stomach flat again.”

This is exactly what we saw in the case where a Nebraska teen was prosecuted for self-managing an abortion—law enforcement working overtime to make vulnerable girls seem uncaring. It’s also similar to the criminalization of Brittany Watts, who was charged for ‘abuse of a corpse’ after miscarrying at home; prosecutors tried to make people believe she didn’t care about the pregnancy. It’s a dehumanization tactic.

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If you missed Abortion, Every Day’s article earlier today about a new study showing the impact of abortion bans on OBGYNs, read it below:

Study: Abortion Bans Creating OBGYN Crisis

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In the Nation

The anti-abortion movement is big mad over the six anti-abortion activists who were found guilty of violating the FACE Act after blocking access to a Tennessee clinic. The extremists, who claimed to be staging a “rescue” of fetuses, face up to ten years in prison.

In response, conservatives have been calling the six convicted felons political prisoners, and have accused the White House of an “unholy abortion crusade.”

It’s true that the Department of Justice has ramped up arrests using the FACE Act, which makes the obstruction of abortion clinics and violence against them a federal crime. But the Biden Administration has also used the law to target pro-choice activists for isolated incidents of graffiti on anti-abortion centers (a ridiculous concession to Republicans calling for an end to so-called ‘pro-choice violence’).

It’s important to keep an eye on the GOP’s strategy here: Back in October, Republicans introduced legislation to repeal the FACE Act, saying that it’s being used to punish peaceful and well-meaning activists. It’s part of a broader anti-abortion campaign to make it as easy as possible for extremists to harass clinic staff and patients.

In addition to the attacks on the FACE Act, anti-abortion activists across the country have been suing over state and local “buffer zone” laws under the guise of free speech. Essentially, they’re trying to remove clinic protections that stop protesters from being able to get too close to the staff or patients by arguing that it’s a violation of the First Amendment.

And all of this is happening while harassment and violence against abortion clinics has significantly increased.

2024

There’s never been a more important year for the gender gap, so I was glad to see this poll from Quinnipiac University showing President Biden with an 18 point lead over Donald Trump among women. The poll found that in addition to Biden holding a 50% to 44% lead over Trump, 58% of women are supporting Biden while just 36% support Trump.

Quinnipiac University polling analyst Tim Malloy says, “The gender demographic tells a story to keep an eye on. Propelled by female voters in just the past few weeks, the head-to-head tie with Trump morphs into a modest lead for Biden.”

There’s a reason Trump keeps pretending to be moderate on abortion rights! He’s trying to win back the women who supported him in 2016, but didn’t vote for him in 2020. And the disgraced former president knows that women are horrified by what’s happening with abortion rights.

One more poll to check out that takes a look at abortion specifically: The Washington Post looks at Trump v. Haley in South Carolina.

Care Denied

• The abortion rights “navigators” helping patients get the care they need;

• The Dallas Morning News profiles the amazing work of the New Mexico Religious Coalition for Reproductive Choice;

• Six women spoke to Popsugar about why they’re stocking up on abortion medication;

• A rape survivor writes at The Daily Beast that “No One Should Be Forced to Carry Their Rapist’s Baby”;

• American University professor Jessica Waters warns against only spotlighting ‘perfect’ abortion patients;

• And a super important piece reminding us that in a time when media is focused on the most extreme stories, forced pregnancy is still a tragedy under ‘ordinary’ circumstances.