The GOP's Secret Attacks

11.11.24

A few words for the Abortion, Every Day community as I settle back in to doing the daily report: None of us are looking forward to what comes next, and the last thing any of us want to do is read about Donald Trump every day for the next four years. I certainly don’t want to be writing about him.

So I want to make something very clear: You don’t need to worry about that here. Yes, of course, I’m going to have to cover what Trump says and does about abortion rights. But the vast majority of what you’ll see at AED will be about the impact of a Trump administration rather than Trump himself.

I’ll be writing about federal agencies and appointments; Republican attacks in Congress and in the states; anti-abortion strategy; and how conservatives are trying to change cultural and media around abortion. None of that requires you having to read about this asshole day in and day out.

Maybe this is an unnecessary note. But I know if I was signed up to a daily abortion rights newsletter, I would want to know.

All that said, we have a lot to do—so let’s do it.

-Jessica

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Click to skip ahead: In The GOP’s Hidden Attacks, a focus on the Republican tactics we won’t hear a lot about. In the States, some much-needed good news out of Wisconsin. Ballot Measure Updates looks at the after-effects of the election in Missouri and Florida. In the Nation, some quick hits. In AED Answers Your Questions, I make my pitch for advance provision abortion medication. And in Stats & Studies, research showing that abortion patients face catastrophic costs.

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The GOP’s Hidden Attacks

Over the next few weeks, you’re going to see plenty of coverage about what the Trump presidency will mean for abortion rights—from the Comstock Act to the possibility of a national ban. And thanks to Project 2025, we know quite a bit about what Republicans have planned to further destroy reproductive rights. (For Abortion, Every Day’s Project 2025 explainer, click here.)

But in addition to the attacks that conservatives have been explicit about—some of which I outlined here last week—they’ll also be rolling out quieter plans. These are the plans anti-abortion activists and lawmakers think no one will notice because we’ll be so overwhelmed doing triage.

Here are a few of the attacks I’m most worried about flying under the radar:

Privacy & data: I’ll have a more in-depth piece out about this soon, but I’m incredibly concerned about the way that Republicans are chipping away at our right to medical privacy, and how they’re skewing and weaponizing data to cover up the consequences of abortion bans.

We know, for example, that more than a dozen Republican Attorneys General have been fighting for the right to access the medical records of women who get out-of-state abortions. We’ve also seen AGs like Indiana’s Todd Rokita launch a legal battle to make individual abortion reports public records in the same way that birth and death certificates are.

At the same time, I’ve tracked how anti-abortion lawmakers are fabricating abortion ‘complication’ reports and trying to hide maternal mortality data as more women die due to abortion bans. Because so much of this is dependent on bureaucratic ‘boring’ mechanisms, their hope is that Americans will be too tuned out to notice.

Education & indoctrination: Anti-abortion lawmakers and lobbyists know that young people are the most pro-choice demographic in the country, so they’ve launched a quiet campaign to indoctrinate American children with anti-abortion extremism as early as possible. In addition to gutting sex education and making it impossible for young people to protect themselves, Republicans have their eye on science curricula—namely, fetal development.

I’ve warned in the past that several states had passed laws requiring schools to show a “human growth and development” video created by the anti-abortion extremist organization Live Action. (A group best-known, of all things, for producing deceptive videos.) Schools that decline to teach the video could be punished by the state or have civil suits brought against them by parents.

What’s more, I’m seeing an increase in anti-abortion organizations and campaigns disguising themselves as ‘educational policy’ efforts—groups that are primarily concerned with (you guessed it!) science curricula.

In a moment when we’re already seeing so many attacks on education, it’s vital that we’re not letting this one slide by. For more on their strategy around education and young people, read my past coverage here.

Language & mainstream media buy-in: Finally, you know all about my obsession with language—specifically the mainstream media buy-in of anti-abortion rhetorical trickery. I mean really, how many women voted for Trump because they believed his lie about giving abortion ‘back to the states’? How many publications ran headlines about Trump promising to veto a national ban without reporting on the language games his campaign was playing with ‘ban’ vs ‘minimum national standard’?

In the coming months, we’re going to see the war on language ramp up exponentially. We’ll watch as Republicans try to pass a national ban while claiming it’s just a ‘restriction’ or ‘standard.’ We’ll see them vote for fetal personhood while insisting it’s not a ban but personhood ‘protection.’

Most of all: I’m worried about how anti-abortion legislators will continue to redefine ‘abortion’ to codify the idea that abortion isn’t a medical intervention, but an ‘intention’. (Read more on that here.) And I’m terrified over Republicans chipping away at our right to travel while calling it anti-trafficking efforts.

But here’s the thing; all of these tactics rely on American media and culture buying in. The strategies don’t work if voters understand what’s really happening! So in addition to holding media outlets accountable when they report on these terms uncritically, let’s push for coverage now, before Trump takes office, that makes clear what the reality of these laws are.

“Tuesday’s results don’t change the reality that Americans support abortion rights. But there will be no quick fixes, and as was the case with the fall of Roe, Americans may have to learn the hard way that ballot measures alone won’t be enough to save them.”

- Law professor Mary Ziegler at Slate about why the ballot measure wins may not matter in the end.

In the States

The biggest state news today is that Wisconsin’s Supreme Court heard arguments in the suit that will determine the future of abortion rights in the state. And I’ve gotta say, if you needed some good news, this is it.

First, a refresher: The suit in front of Wisconsin’s Supreme Court challenges the 1849 law that Republicans say bans abortion. After Roe was overturned, this law—created before women had the right to vote—was treated as a total abortion ban, preventing doctors from providing care. But last summer, a judge ruled that the law isn’t actually an abortion ban at all—but “a feticide statute only.” (Meaning it only applies to an attack on a pregnant person that ends the pregnancy, not abortion.) That ruling opened the door for clinics to provide care again, even though anti-abortion groups claimed the law remained in effect as a total ban.

The suit in front of the court was brought by Democratic Attorney General Josh Kaul, who argues that the law is too old to enforce, and that it’s trumped by an 1985 law permitting abortions. Defending the law as a ban is Sheboygan County’s Republican district attorney, Daniel Urmanski—whose lawyer got a glorious dressing down by liberal (female) justices today.

From the Associated Press:

“Liberal Justice Rebecca Dallet told Urmanski’s attorney, Matthew Thome, that the ban was passed in 1849 by white men who held all the power and that he was ignoring everything that has happened since. Jill Karofsky, another liberal justice, pointed out that the ban provides no exceptions for rape or incest and that reactivation could result in doctors withholding medical care. She told Thome that he was essentially asking the court to sign a ‘death warrant’ for women and children in Wisconsin.”

You really do love to see it! We know that the challenge is very, very likely to be successful thanks to the new makeup of the Wisconsin Supreme Court. Remember, voters came out in force to put Justice Janet Protasiewicz on the bench, shifting the court to liberal control.

Let’s stick with good news from the states: Maryland is training more health workers to offer abortion care. The move is part of a program through the University of Maryland that will train 120 healthcare providers to meet the demand for abortion care in the pro-choice state. (Most states without bans have seen a massive increase in out-of-state patients.)

It was just in 2022 that Democrats passed legislation that expanded the kind of healthcare providers who could offer abortion to include nurse practitioners, physician assistants, and certified nurse-midwives.

And in Texas, Austin’s city council has just approved $100,000 to support out-of-state abortion care—a move that has state Attorney General Ken Paxton furious. The funds will go to local reproductive rights and health groups that are helping women to leave Texas for abortions, but won’t be earmarked for the procedures themselves—just the logistics and travel. But Paxton is suing regardless, calling it unlawful use of taxpayer dollars.

Even if the courts don’t come down on Austin’s side, it’s so heartening to see the city council take a stand. As Executive Director of Jane's Due Process, Lucie Arvallo, put it, "It's so important that we have the support from the local government, that we have this ray of hope in such a bleak week.” She pointed out that it sends Texans the message that they have “strong network behind them to support them in this uncertain time."

Quick hits:

• Connecticut has launched a public hotline offering free advice and resources around abortion care;

• And a judge in Montana will decide whether to extend the block on new licensing regulations for abortion clinics, which could force clinic closures if they take effect.

Ballot Measure Updates

Now that Amendment 3 has passed in Missouri, protecting abortion rights in the state constitution, abortion providers are suing to repeal the state’s ban. The suit was filed by Planned Parenthood Great Plains and Planned Parenthood Great Rivers, both of which say that they’ll start to provide abortions again when the amendment goes into effect on December 5th if the court grants their injunction.

Emily Wales, president of Planned Parenthood Great Plains, said, “Missourians have spoken and we're ready to deliver.”

The suit specifically goes after TRAP laws in Missouri—like the state’s 72-hour waiting period and mandatory counseling—which they point out violate the new protections in the state’s constitution. And remember, what makes Missouri’s ballot measure win so special is that this is the first state since Roe was overturned to reverse a total abortion ban.

Meanwhile, Florida Democrats are pointing out that even though Amendment 4 didn’t meet the 60% threshold to protect abortion in the state constitution—the massive 57% support for the measure makes clear that voters want abortion rights restored and protected.

Rep. Anna Eskamani says she’s going to file legislation to repeal the state’s 6-week ban:

“The Legislature wants to continue to be extreme on this issue, we want to make sure the voters are aware of that. What concerns me more is Republicans going farther on abortion rights."

Speaking of Florida, don’t forget: I’ll be hosting a video live-stream with Amendment 4 campaign director Lauren Brenzel tomorrow evening at 6:30pm EST for paid subscribers. We’ll be talking about their ‘loss’ of 57%, the unprecedented attacks on democracy by Gov. Ron DeSantis, and what happens next. Click on the image below to upgrade your subscription and tune into the conversation.

In the Nation

• Tessa Stuart at Rolling Stone writes about “how to build political power when you have none”;

• The Associated Press reports that anti-abortion groups are already pressuring Trump as sales of abortion medication spike;

• An OBGYN writes at HuffPost about having to leave her state to end a wanted pregnancy;

• And ABC News asks what abortion rights will look like under Trump.

AED Answers Your Questions

Speaking of what abortion will look like under the next administration, if you have a question about what to expect, I’m answering them here! Just leave a question in comments and bookmark the page below, where I’ll update with answers throughout the week:

'What Happens Under a National Ban?' and Other Post-2024 Questions

To get us started, I’ll also re-post my most recent question/answer below:

How do I get abortion medication? Is it safe? If you don’t already have abortion medication in your medicine cabinet, you should absolutely order some. You do not need to be pregnant to get the pills—you can order advance provision medication just in case you or someone you know needs it down the line.

In fact, I’d argue that it’s a great way to protect yourself and your community. After all, conservatives' top priority is going after abortion medication; they know that many women in states with bans are ending their pregnancies in spite of the law by getting pills shipped from doctors in pro-choice states. They also know that 63% of abortions in the U.S. are done using the medication. In other words, limiting access to the pills would impact the majority of abortions.

That’s why Republicans are expected to use the Comstock Act to ban the shipping of abortion medication. (The 150-year old obscenity law could also be used to stop the mailing of birth control, tools used in abortion, and anything else Republicans deem ‘obscene’; more on that in another post soon.) If the Trump administration does that, it won’t just impact states with bans—but the entire country.

By ordering advance provision medication, you can at least know that you’ll have the medication on hand for as long as their shelf life lasts. This isn’t just about protecting your own health, but throwing a wrench in anti-abortion strategy. As you know, conservatives want to implement tracking and data systems for these pills and abortion in general. The more abortion medication we have out in the world, available to us and the people we care about, the harder it will be for them to track.

But here’s the important part: It’s vital that we’re not stockpiling or hoarding the medication. Think about this as a community act; be prepared to give the pills to someone who needs them.

We should also be real about criminalization. While we haven’t really seen cases where someone was targeted specifically for having pills mailed to them, there have been charges brought against women suspected of using the medication. It’s also clear that Republican AGs are itching to go after abortion funds and any ‘helpers’ who are supporting patients in getting care.

So if you have questions or concerns about your legal risk, you can call If/When/How’s free Repro Helpline: 844-868-2812. I have more information about advance provision in this TikTok I did a while back, and I’ll be updating that account with another video on abortion medication tomorrow.

Trusted sources for abortion medication: Aid Access, Plan C Pills, Abortion Finder, I Need An A.

Stats & Studies

A new study finds that patients are being charged “catastrophic” amounts for abortion care, especially those who need to travel out-of-state for abortions. Researchers at the school of social work at New York University report that 65% of women who were forced to travel to another state for care incurred “catastrophic” bills, as did 32% of those who stayed in their home state to get abortions.

With most patients paying out-of-pocket, the high cost of care often meant going into debt, or sacrificing essentials like food or rent to afford their abortions. As you can imagine, this kind of financial hardship also increased negative mental health outcomes—with researchers calling the consequences “devastating and long-lasting.”

If you need help affording your abortion, consider contacting an abortion fund.

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I don’t love feeling like I’m hawking my book in the middle of a national tragedy, but it really is true that I cover quite a bit in Abortion about what we can expect from conservative attacks on reproductive rights in the years to come. So if you haven’t bought a copy yet, consider getting one—or even sending one to a friend. I wouldn’t mention it unless I thought it would be truly helpful.