Abortion, Every Day (12.22.20)

In the states…

A woman with an ectopic pregnancy in Tennessee waited over three extra hours for care while lawyers for Vanderbilt University Medical Center put together the legal justification for her treatment. Sarah (a pseudonym) went to the emergency room with severe pain when she was diagnosed with an ectopic pregnancy so bad that she would need not just an abortion, but surgery to repair the damage it had caused. But because of the state’s law that bans abortion even when a woman’s life is danger, her doctors and their legal team needed to prepare a legal defense before they could treat her. (Tennessee has an affirmative defense mandate which requires doctors giving life-saving abortions to break the law and then prove that it was necessary.)

Instead of being treated, Sarah—along with her husband and other family members—spent hours calling other hospitals in the state in case this one refused. Finally, doctors wheeled her into surgery. Today, Sarah says she can’t believe that physicians had to break the law in order to save her life:

“It’s a felony, what they did, and that is crazy to me…So while I’m recovering from surgery, and trying to emotionally process all of it, another layer of it was, what if my case wasn’t severe enough, right? And what if a prosecutor decides, ‘Well, we want to make an example.’ Like, what if I wasn’t bleeding internally enough? Or what if, because I was stable the whole time—I was very lucky that I was stable the whole time—but what if that’s used against me one day, or used against my doctor? Those are all things that were on my mind, after the fact. And they shouldn’t have been.”

By the way, Tennessee Gov. Bill Lee claimed just last week that the abortion ban “does have exceptions for the life of the mother and serious maternal health conditions.” Again, it does not.

Tennessee’s Republican House Speaker Cameron Sexton says lawmakers should “clarify” the abortion ban to include exceptions for rape, incest and emergencies where a woman’s life is in danger. As I’ve written before, moves like this aren’t about helping women—but making extremist Republicans seem as if they’re softening. They believe that if they throw in some exceptions (that don’t even work) that voters will be more understanding and that they won’t have to deal with lawsuits. As Sexton said, “I don't think you want a law that you're going to have to go debate in court over.” So compassionate!

Doctors in anti-abortion states across the country are worried about exactly the kind of situation that arose with Sarah in Tennessee. In Indiana, where the abortion ban has a vague exception for a pregnant person’s life, law professor Jennifer Drobac points out that the lack of clarity in the law is dangerous, as it could cause doctors to hesitate with care: “Those people who are potentially at legal risk are going to be the ones deciding whether or not to proceed with an abortion.” (Also in Indiana, Republicans there say they have no plans for further major abortion restrictions in the 2023 session—what a relief, given that it’s already illegal.)

As you know, Kansas has been able to start offering abortion medication via telehealth appointments. Yesterday, The Washington Post reported on that change and how vital it is for not just those in Kansas, but around the country; the state has become a safe haven for women in surrounding states. The ability to have virtual appointments means that already-overwhelmed providers can be freed up for patients who need in-person abortion care. Something that stuck out to me as particularly important given the need for more providers in the state: Emily Wales, president of Planned Parenthood Great Plains, told WaPo that all the prospective doctors she’s spoken to have been concerned about security—which makes sense, of course. (Especially given that Dr. George Tiller was murdered in Wichita, Kansas.)

In Iowa, Republicans are trying to sort out their next moves on restricting abortion. GOP leaders there say they’re going to wait for a court decision on the state’s abortion ban before doing anything (Gov. Kim Reynolds is asking the state Supreme Court to reverse a block on an abortion ban—a request already denied by a lower court.) Republicans were also considering putting an anti-choice constitutional amendment on the ballot, but are reconsidering given the pro-choice wins in Kansas and Kentucky. Republican House Speaker Pat Grassley says, “I would like for us to just take some time and make sure we’re doing this right.” I bet.

This is really distressing, and has national implications: A federal appeals court ruled in favor of anti-abortion protesters yesterday, who said the buffer zone around a Kentucky clinic violated their free speech. The 6th U.S. Circuit Court of Appeals supported an injunction against the buffer zone, saying that the protesters faced “irreparable harm” because they weren’t allowed to have “close, personal conversations” with patients. Seriously. They ruling also stated that activists’ goal isn’t to harass but “to offer a compassionate ear.” We all know what clinic protesters do, and it has nothing to do with compassion. Fuck these guys.

I told you yesterday that Florida Gov. Ron DeSantis appointed a judge who was ousted for refusing to allow a teenager an abortion because of her grades to the 6th District Court of Appeal. The Guardian gets into the back story of said judge, and how he said that the 17 year-old was unfit to decide if she wanted an abortion or not because of her “overall intelligence.” Which, first of all, fuck him. But also: That means she’s well-suited to parent??

The New Yorker has a big piece about the Texas women getting abortions (legally and illegally), it’s about as upsetting as you can imagine. It tells the story of women who are desperate, vulnerable, and terrified of being arrested. That said, there are incredibly stark differences between the women they speak to who are able to travel for abortion care and those with less money and social support. Definitely worth a read, but be forewarned that it’s a difficult one.

Quick hits:

• Arizona Governor-elect Katie Hobbs has said that she would take on abortion rights her first day in office; public radio there reports on her tough road ahead;

• Anti-abortion groups in California are upset about new legislation that bans bounty hunters from arresting someone who is wanted on abortion-related charges in another state;

• Read about the Grace Act in Austin, Texas, which bans the use of city funds to catalog reports of abortion and tells law enforcement not to investigate abortion-related ‘crimes’;

• and public radio in Massachusetts looks at what’s happened since Roe was overturned.

In the nation…

NBC News looks at the similarities between U.S. abortion bans and what’s happened with reproductive rights in Poland, where a woman died last year after being denied an abortion. By the way, the doctors in her case have been charged in her death—which is a scary glimpse into our potential (and likely inevitable) future.

Mother Jones has a lovely end-of-year piece naming ‘abortion providers who wouldn’t quit’ one of their 2022 heroes. What’s been striking to me, though not surprising, is how providers have risen to the occasion—in some cases even coming out of retirement—to help. Colorado OBGYN Dr. Warren Hern, who is in his mid-80s, told Mother Jones, “As a result of this Dobbs decision, women are going to die, as they did before Roe.” (The article also points out that nearly 60 percent of women of reproductive age live in states that are hostile to abortion rights—which is just a nightmare to think about.)

Quick hits:

• ABC News has an end-of-the-year post-Roe roundup on bans passed, activist responses, and voter trends;

• The Los Angeles Times has a similar summary that also includes what’s happened with enforcement of the laws and funding to help women;

• and The Hill looks at how ballot measures (which have been a pro-choice saving grace) are now in danger.