Four States Consider Bills to Punish Abortion Patients As Murderers

1.16.25

Click to skip ahead: In All Eyes On Extremism, four (maybe five) state bills that would punish abortion patients as murderers. In Care Denied, a South Carolina woman was denied miscarriage care. In the Courts, the case against mifepristone & the FDA is back. In the States, North Carolina’s CPCs are getting millions in taxpayer dollars to pay for…fitness equipment? In the Nation, Pence is lobbying against RFK Jr., and Trump’s AG pick signals she’ll protect anti-abortion harassers. Keep An Eye On an increase in abortion patients who used ‘fertility awareness’ apps. Finally, Anti-Abortion Strategy looks at the latest in local ordinances.

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All Eyes On Extremism

We’ve all heard Republicans claim over and over again that they have no interest in punishing women for having abortions. But if that’s really the case, why are four states considering legislation that would punish abortion patients as murderers? And why have a dozen legislators in a fifth state promised to do the same?

Right now, legislation proposed in South Carolina, Oklahoma, North Dakota, and Indiana would reclassify abortion as a homicide and prosecute abortion patients accordingly. In South Carolina, Oklahoma and Indiana, that could mean giving women the death penalty. In Texas, which also has the death penalty, twelve lawmakers have pledged to bring forward similar legislation.

Is this what being ‘pro-life’ looks like?

Before I tell you how we got here—and who is behind this push—let’s take a closer look at those bills. I’ve reported previously on the one in South Carolina: The ‘Equal Protection Act’ doesn’t only classify abortion as a homicide, but defines personhood as beginning at fertilization. That means conservatives who believe emergency contraception and IUDs stop the implantation of a fertilized egg could argue that these are actually abortions. (In other words, birth control could be punishable by the death penalty.)

I’ve also reported on ‘equal protection’ efforts in Oklahoma, where at least one politician, state Sen. Dusty Deevers, is a self-identified ‘abolitionist.’ Deevers is behind newly-introduced Oklahoma Senate Bill 456, which would make “killing” an embryo or fetus punishable in the same way any other homicide would be.

In North Dakota, House Bill 1373 would change the definition of a ‘human being’ in state code around homicide and assault to include “an unborn child” beginning at fertilization. Indiana House Bill 1334 does the same. So much for not punishing women!

One of my 2025 predictions was the normalization of abortion ‘abolitionists’—those who believe that abortion patients should be punished as murderers. Because while Republicans want us to believe that bills and beliefs like this are far from the mainstream, all the evidence proves otherwise. When South Carolina introduced their bill in 2023, for example, it was co-sponsored by two dozen legislators. And charging abortion patients with homicide is codified in the Texas GOP’s platform!

As Deevers wrote on Twitter earlier this month, “Abolitionism is becoming the position of grassroots conservatives across the country…” Terrifying.

But that shift isn’t happening organically—these maniacs have spent a whole lot of time doing behind-the-scenes work. Abortion, Every Day has uncovered, for example, that the above bills were all drafted with the help of the same organization—and likely one person: Bradley Pierce of the Foundation to Abolish Abortion, a so-called abortion ‘abolitionist.’

For years, Pierce has been lobbying lawmakers to punish women who have abortions and drafting model legislation for them. In fact, it appears Pierce was the driving force behind the Texas GOP changing their platform to include language on ‘equal protection’—which, as you know, is code for prosecuting abortion patients as murderers. It’s also his group that’s working to convince Texas legislators right now to author or co-author an ‘equal protection’ bill.

That’s why it’s so important that we’re shining a light on operators like Pierce—someone Republicans want Americans to think is an outlier, even as he drafts legislation!

Here’s the other thing: Even though these bills are unlikely to pass (at least for now), that doesn’t mean they’re not important. The strategy here is to normalize extremism by reintroducing radical legislation again and again. Conservatives know that the more accustomed Americans become to seeing it, the less outraged they’ll get over time. They’re waiting for the moment that instead of inspiring letters to their representatives or angry TikToks, voters respond with a shoulder shrug.

We can’t let that happen.

Care Denied

Another day, another horror story. A South Carolina woman was denied miscarriage treatment because of the state’s abortion ban. Christine Glang was 9 weeks along when she found out that her pregnancy was no longer viable; she was miscarrying, but her body wouldn’t expel the tissue on its own. As so many women do, Glang needed a D&C.

But because breaking South Carolina’s ban comes with potential prison time and a revoked medical license, her doctor wasn’t willing to help. At least, not yet—they wanted to wait 11 days in order to conduct another ultrasound.

“I was already carrying dead fetal tissue inside of me for three weeks,” Glang said. "And I knew the longer I waited, I ran the risk of infection, sepsis, my future fertility, and even my life.” So she paid thousands out-of-pocket, traveled to Virginia—bringing her daughter’s stuffed animal with her for support—and had an abortion there.

Legally, Glang should have been able to get care because her fetus had already expired. But as we’ve seen in other states, many health care providers are simply not willing to take the risk because the consequences are so steep and the fear is just so great.

This is why I say ‘exceptions’ aren’t real: It reminds me of this 2022 Mississippi Today investigation: Even though Mississippi has a rape ‘exception,’ the publication couldn’t find a single doctor in the state willing to give a sexual violence victim an abortion.

Watch the full segment on Glang’s story below:

In the Courts

Back in October, Abortion, Every Day broke the news that three Republican-led states had revived a legal attack against mifepristone. The short version is that the Attorneys General of Kansas, Missouri, and Idaho want to make abortion medication illegal for minors entirely, use the Comstock Act to stop the shipping of abortion medication, and force the FDA to go back to their pre-2016 rules on the drug.

The suit itself is truly wild, with some of the most telling anti-abortion arguments you can imagine—from claims that women who self manage their abortions develop PTSD because they associate their home with abortion, and fake ‘science’ insisting that the medication messes with the “reproductive system of the adolescent female.” (I know, yuck.)

Leaving aside the actual content of the complaint, the other sketchy thing was that the suit was filed with Judge Matthew Kacsmaryk—the ultra-conservative asshole in Amarillo, Texas who ruled in favor of the previous mifepristone suit. None of these AGs are from Texas, obviously, but they really wanted to get their case in front of Kacsmaryk because of his anti-abortion extremism.

In order to do that, they filed their case as an “intervening” complaint—piggybacking off that old mifepristone case. Very sneaky! Even more sneaky? Today, Kacsmaryk ruled that the three states that are not Texas can move forward with their lawsuit. (There’s a good thread here about the legal nitty-gritty.)

More on this case and the absolute shit-show around it soon, but in the meantime you can read AED’s explainer below:

The GOP's Attack on Abortion Pills is Here

In the States

Back in 2023, North Carolina Sen. Natasha Marcus gave an epic speech exposing how millions in state funding for crisis pregnancy centers (CPCs) were being sent to people’s homes and empty lots. It was the perfect illustration of just how unregulated these fake clinics are—and how they allow Republicans to funnel taxpayer dollars to religious groups.

That speech came to mind as I read The Assembly's incredible investigation into North Carolina CPCs. Reporters found that less than a quarter of state funds actually went toward services or support for pregnant people. Instead, millions of taxpayer dollars were spent on office decorations, travel, and even exercise equipment for employees. (How many diapers do you think a treadmill could buy?)

And like many anti-abortion states, North Carolina has been jacking up CPC funding: In 2022, these groups went from $5.7 million a year in taxpayer dollars to nearly $10 million. By 2023, that number ballooned to $12.4 million.

Then there’s how they treat women. The Assembly revealed one group lied to a pregnant woman, telling her abortion was illegal. Another called the police on a teenage girl—violating her medical privacy—in an effort to stop her from getting an abortion. And because CPCs aren’t medical facilities bound by HIPAA (despite what they claim), they can share personal information without consequence.

I’ve said it before, and I’ll say it again: We’re not paying enough attention to how dangerous these groups are. CPCs are the anti-abortion movement’s enforcement arm, and Republicans are leaning on them more than ever. As the GOP ramps up their focus on them, so should we.

Quick hits:

• Wisconsin’s Republican Senate Majority Leader Devin LeMahieu says lawmakers may try to pass a 14-week ban if the state Supreme Court rules against a stricter law;

• The Idaho Capital Sun has more on Idaho’s largest health system suing the AG over emergency abortion care.

• And Jezebel reminds us that while New Jersey is stockpiling abortion medication, so should we.

In the Nation

Speaking of the world’s worst people: POLITICO reports that Mike Pence’s organization, Advancing American Freedom (AAF), is lobbying hard against RFK Jr.’s nomination to lead the Department of Health and Human Services, citing his past supportive statements on abortion rights. In a letter to senators, AAF wrote that “while RFK Jr. has made certain overtures to pro-life leaders that he would be mindful of their concerns at HHS, there is little reason for confidence at this time.”

Back in November, I laid out a political timeline of Kennedy’s public abortion stance—and it’s definitely over the place. But as I wrote then, it’s clear that Kennedy is now being coached by anti-abortion leaders and will be happy to do whatever Trump wants. Case in point: The brain-wormed conspiracy theorist reportedly assured Republican Sen. Josh Hawley—whose wife Erin Hawley is an attorney with anti-abortion powerhouse Alliance Defending Freedom—that he’s fully on board.

Hawley went on a Twitter tear last month assuring conservatives that Kennedy “committed to me to reinstate President Trump’s pro-life policies at HHS.” According to Hawley, Kennedy promised to hire all ‘pro-life’ deputies; reinstate the Global Gag Rule and ‘conscience’ protections; ban Title X funds from going to groups that “promote abortion”; reverse a Biden-era nondiscrimination rule; and end “taxpayer funding” for abortions (which isn’t really a thing). Kennedy also told Hawley that he would be open to rolling back access to mifepristone by reverting to the FDA’s pre-2016 rules.

But that’s not enough for Pence’s group. The ultra-conservative Daily Wire reports that AAF gave Republican senators a list of questions grill Kennedy on, including when in pregnancy he believes abortion should be banned by the federal government, his position on abortion medication is, and whether he’d require states to collect abortion data.

I’m worried about all of it—and more. Remember, the extremist group Students for Life is already gearing their campaigns toward a Kennedy-led HHS. They’re leaning into his conspiracy-fueled “Make America Healthy Again” nonsense, falsely claiming that abortion medication poisons groundwater and harms the environment. Their goal? To push Kennedy into restricting access to the drug or imposing cruel rules, like forcing women to bag their blood and bring it to doctors—a tactic designed to shame and punish women for self-managing their abortions.

One more bit of news on appointees and Hawley: I told you yesterday that Trump’s AG pick, Pam Bondi, tried to side-step a question about mifepristone—but apparently that wasn’t the only abortion-related question asked at her confirmation hearing. Bondi was also asked about the FACE Act, which makes it a federal crime to block or do violence to reproductive health clinics.

As you likely know, anti-abortion activists have been trying to repeal the FACE Act, claiming that it violates their first amendment rights to scream in abortion patients’ faces. They’re also keen to make themselves out to be the victims, arguing that crisis pregnancy centers are under just as much attack as abortion clinics. (Ha!)

During the hearing, Hawley complained about this so-called uneven prosecution under the FACE Act and asked Bondi if she would “protect churches and pregnancy care centers when they are targeted for violence.” Obviously, she said yes.

That means we don’t just have to worry about Bondi and the Comstock Act, but protections for abortion clinics, provider and patients.

Keep An Eye On

I don’t usually cover international news, but this UK study feels like a warning sign for what’s ahead for us in the United States. Researchers there have seen a rise in women seeking abortions after relying on “natural” methods to prevent pregnancy—like fertility tracking apps.

The study, published in BMJ Sexual and Reproductive Health, looked at abortion patients and their contraception use (if any) in 2018 and 2023. It found that “significantly fewer” abortion patients were using effective contraception. Instead, more were relying on “fertility awareness-based methods.” Alarmingly, there was also a 14% increase in women who reported not using birth control at all.

The BBC spoke to lead researcher Dr. Rosie McNee, who said that the market “has exploded” with fertility apps and period trackers:

“There are hundreds of them and some are more reliable than others. Plus you don't need a prescription, and so you may not get all the information you need."

You can imagine why the study troubles me: This data comes at the same time that there’s been a massive spike in misinformation and disinformation about birth control here in the U.S. That increase comes at the same time that Republicans are rolling back women’s rights, and that conservatives are funding an insidious cultural campaign telling women that they’d be so much happier and fulfilled if they just stayed at home.

Anti-Abortion Strategy

A few days ago, I reported that the New Mexico Supreme Court ruled against several towns and counties that passed anti-abortion ordinances in violation of state law. The ordinances were essentially local versions of the Comstock Act, which bans mailing “obscene” materials, including abortion pills.

The Court’s decision was good for New Mexico towns, but bad for abortion rights on a broader level. Because remember, the ultimate goal of the anti-abortion activists who lobbied for the ordinances to begin with is to get the Comstock Act, a 150-year-old zombie law, in front of the Supreme Court.

Law professor Mary Ziegler did a deep dive into the issue over at Slate, explaining what a potential SCOTUS/Comstock Act case could mean while Trump is in the White House. The short version is that anti-abortion activists are concerned that Trump’s administration won’t use the Comstock Act to stop the mailing of abortion medication; by honing in on legal challenges, they think they can get SCOTUS to act regardless of what Trump wants to do. Ziegler isn’t so sure the strategy will work, though:

“Conservative attorneys are hoping to smooth the way for a Comstock strategy by getting a thumbs-up from the Supreme Court before Trump is ready to act. The Supreme Court may not be willing to play along—there are sound legal arguments against transforming the Comstock Act into a no-exceptions ban, and doing so would likely provoke a backlash stronger than the one that has already greeted the demise of Roe.”

I’ll keep you updated as I find out more, but this is just another reason it’s so important to pay attention to everything happening with abortion rights, including local issues.