Abortion, Every Day (3.9.23)
Mississippi Republicans want to ban ballot measures on abortion
In the states…
Last week, I told you about how Mississippi Republicans were trying to reinstate ballot measures in the state—but would ban voters from being able to use them to change abortion laws. Well, that proposal advanced yesterday.
When Democratic Rep. Daryl Porter Jr asked why abortion laws would be specifically banned, Republican Rep. Nick Bain responded that’s what representatives wanted—and claimed that his constituents also “don’t want abortion.” (Most Mississippi voters didn’t want Roe overturned and want some kind of abortion access.) Porter responded, “Your constituents. What about mine?…We are going to stifle the people's voices by telling them, ‘You can have the initiative process, convoluted, but here are also some things that you can’t put on the ballot.'”
And that’s the rub: this is just anti-democracy, plain and simple. Just another way that conservatives, who know how popular abortion rights are (even in red states!), are desperately trying to keep the issue out of voters’ hands.
Speaking of anti-democracy, let’s talk about Texas! A Republican there is proposing a bill that would appoint a special prosecutor for abortion, something that Washington Post reporter Caroline Kitchener points out is “an early sign that Republican-led states may start devoting time/$$ to prosecuting people for distributing abortion pills.” Very much agree, but I’d take it a step further: District attorneys in Texas have already started to say that they won’t go after abortion cases—they (correctly) think it’s a waste of time and money. And, ya know, wrong.
But because Republican legislators are obsessed with punishing people—women especially—for abortion, this is their way of ensuring that someone gets arrested for abortion regardless of what (elected!) district attorneys want to focus on.
Walgreens is not having a good week. California Gov. Gavin Newsom said the state would no longer do business with the company because of their decision to not dispense abortion medication in some states—and he’s made good on his promise.
Newsom announced yesterday that the state withdrew a $54 million contract with the company that was set to be renewed next month:
“California will not stand by as corporations cave to extremists and cut off critical access to reproductive care and freedom. California is on track to be the fourth largest economy in the world and we will leverage our market power to defend the right to choose.”
This is the kind of proactive abortion rights action we want to see.
In less good news: Abortion is legal in Nevada, but city officials in West Wendover have refused to give Planned Parenthood a necessary permit to open—citing their opposition to abortion. Mayor Jasie Holm says West Wendover could very much use the clinic—which offers cancer screenings, annual well-visits, immunizations, management of medical conditions and more—because residents in the rural town often have to drive two hours to Salt Lake City, Utah, for care. Still, the city council refuses.
This is an incredibly dangerous precedent, and we’re seeing it happen more and more: Abortion is legal, there is no reason to deny the clinic a permit. But town officials would rather withhold vital care from their citizens to make a point about abortion. (In better local news, Flagstaff, Arizona, has passed a resolution in support for abortion access.)
The ACLU has sent a letter to the president of Lewis-Clark State College, the Idaho school that censored art pieces they claimed ‘promoted’ abortion. The group urges the college’s president, Cynthia Pemberton, to reinstate the works and reminds her that “institutions of higher education are responsible for presenting students with an array of viewpoints.” ACLU lawyer Scarlet Kim says, “It’s not clear that the works even touch upon whether or not abortion is good or bad, not that it matters at all.”
There’s a new ad out for Wisconsin Supreme Court candidate Judge Janet Protasiewicz, and it gets right to the point:
Quick hits:
VICE has more on the Idaho bill that would classify taking a minor out-of-state for abortion care as ‘trafficking’, including the fact that it would allow family members of the fetus to sue the person who took the teen out of state for up to $20,000;
Colorado Public Radio has more on the bill seeking to increase protections for abortion patients and providers;
The Maryland House of Delegates preliminarily approved a proposal to enshrine abortion rights in the state constitution;
Police are still looking for the arsonist who attacked a Wyoming abortion clinic;
And the Michigan Senate voted to repeal the state’s 1931 abortion ban yesterday—a law that was essentially invalidated since the state constitution now enshrines abortion rights.
In the nation…
Democratic Senators sent a letter to Walgreens leadership yesterday, outlining their opposition to the company’s decision around abortion medication:
“The industry will ultimately be harmed if the public comes to view retail pharmacies as corporate entities that prioritize responding to partisan pressure and threats over patient care.”
It’s an interesting letter in that it seems to be trying to give Walgreens a path forward for reversing their decision. The letter commends Walgreens for initially trying to get special certification to dispense mifepristone, but says that because that that certification was still pending it was premature “for Walgreens to publicly engage in signaling hypothetical regional dispensing decisions over a medication it is not yet authorized to dispense in any State.”
They then urge the company to publicly clarify that “any hypothetical dispensing decisions remain undecided and premature at best, while the company seeks pharmacy certification.” Given how much shit Walgreens is taking (and how much money they’re losing), this may be a way for the company to walk back their position. I’ll keep you updated as I find out more!
Anti-abortion politicians are suddenly realizing that banning abortion means that they may actually have to do something to support families. FiveThirtyEight looks at how some Republican lawmakers are supporting legislation that they never would have backed before—like moves to extend postpartum Medicaid coverage. Joan Alker, executive director of the Georgetown University Center for Children and Families, calls them “post-Dobbs guilt bills.” (The Associated Press also has a similar piece out today.)
Most legislators, of course, don’t give a shit—or are trying to pass off increased funding to anti-abortion centers as their way of ‘helping’ women. What Republicans are really worried about is the moment new maternal mortality numbers come out. Because those rates are already really, really bad, and thanks to the abortion bans that conservative lawmakers passed—they’re only going to get worse.
I told you back in December how Alabama Republican Sen. Tommy Tuberville—a member of the Senate Armed Services Committee—was threatening to block any Defense Department nominations because he’s mad that the Department of Veteran Affairs offering abortions (in very, very limited circumstances.) Yesterday, he made good on that threat and blocked the newest group of nominees:
“I’m holding DOD nominations because the secretary of defense is trying to push through a massive expansion of taxpayer-subsidized abortions…I object and will continue to object to any nominees as long as this illegal new abortion policy is in place.”
Please remember that the VA only allows for abortions in cases of rape, incest and if the patient’s health and life is in danger. So what Tuberville is saying is that he opposes service-members who’ve been raped, or whose lives are in danger, from getting vital care. (You make also remember Tuberville as the guy who claimed that abortions happen “up to and past the moment of birth.”)
The Guardian has a good piece on the movement to ban abortion in towns within pro-choice states, and Mark Lee Dickson, the (very creepy) guy behind the strategy. As you know, this has been happening in states like Texas, Nebraska, and most recently New Mexico. I’ve written about this strategy quite a bit, but here’s something new: Instead of relying on a local ordinance to ban abortion, in New Mexico they’re trying to get local governments to abide by the Comstock Act—which anti-abortion activists claim bans the shipping of abortion medication. (The DOJ ruled that this isn’t the case.) Dickson takes it a step further and argues that “any surgical equipment used for an elective abortion” is banned under Comstock, and believes he can get conservative judges to see it similarly.
Quick hits:
The Hill on why Democrats see abortion as an “electrifying issue” for 2024 (I should fucking hope so);
Lawmakers reintroduced the Women’s Health Protection Act, an attempt to codify abortion rights;
The Boston Globe on fetal personhood and anti-abortion activists’ cynical co-opting of violence against women;
CNN on Walgreens caving to conservative pressure on abortion medication;
As predicted, more and more anti-choice groups are showing up to protest in front of pharmacies;
And on the international front, France is poised to enshrine abortion rights in their constitution.
Listen up…
I was on the terrific podcast Hysteria with Erin Ryan and Alyssa Mastromonaco, if you’d like to listen! It’s weird to say I had a good time when you’re talking about such serious issues, but…I did? It’s nice to be able to chat with people who get it. You can also watch the episode on YouTube if that’s more your style.
What conservatives are saying…
They’re still blaming doctors for following laws that they themselves created. As you know, five women in Texas are suing over being denied care because of the state’s abortion ban. It’s not exactly great for the anti-abortion movement that these women are out there sharing their heart-wrenching stories, so—as predicted—they’re shirking responsibility and blaming the medical professionals put in the impossible situation of choosing between adequate care for their patients and jail time.
Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, said in a statement today that “every pro-life law in the country allows necessary and timely medical treatment to save the life of a pregnant woman in an emergency.” The organization also included a quote from disgraced doctor Ingrid Skop, who claimed, “[no] matter how many times we correct the record, pro-abortion activists continue spreading misinformation, confusing physicians and the general public.”
Here’s the thing: Doctors, as a rule, are not stupid. They understand exactly what the law says. They also have hospital lawyers that tell them what the law says and what they are legally allowed to do! And so these groups would have us believe that these doctors, lawyers, and experts are all wrong—and we should just take their word for it. They are desperate. And we can’t let them get away with it.
So instead of listening to liars, let’s hear from the women who have actually had their lives forever changed by these bans:
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You love to see it…
Abortion rights protesters gathered across the country yesterday to commemorate International Women’s Day:
Thank you again. Your energy is astounding and whose of us who care about women are very glad you have it.
These laws are written as convoluted as possible for the explicit purpose of putting doctors on trial when they do perform life-saving abortions so courts can determine the procedure was actually warranted. They explicitly said that's what the intention of these laws are but then claim that they aren't interfering in care? These people are talking out both sides of their mouths.