Abortion, Every Day (5.17.23)

In the States

Yesterday was a rough one. In North Carolina, Republicans overrode Gov. Roy Cooper’s veto and allowed their abortion ban to fully pass—the law will go into effect on July 1.

Just as a reminder, despite Republican claims that the ban is a ‘reasonable’ and ‘commonsense’ law, it’s actually quite extreme. (They’re so desperate to make voters believe this isn’t a big deal that sponsor Sen. Joyce Krawiec said, “this is a pro-life plan, not an abortion ban.”)

You can read my column about the details of the bill, but here’s some of the most important things to know:

• This is not a 12-week ban: Abortion medication, used in nearly 60% of abortions in North Carolina, is banned at 10 weeks.

• Obtaining medication abortion would require three in-person visits, even though the pills are safe to prescribe via tele-health; surgical abortion requires an in-person consultation at least three days before the procedure. (These obstacles are a direct an attack on poor women and out-of-state patients, who can’t take multiple days off work or travel to a clinic.)

• Doctors will be forced to lie to patients about the risks of abortion—including telling them they could become sterile—even though abortion is safer than getting a wisdom tooth removed.

• The law is intended to shame: Women will be required to have medically unnecessary ultrasounds, during which they’ll be forced to listen to the fetal ‘heartbeat’ and a doctor’s detailed description of the embryo or fetus. Doctors will be forced to tell patients having a medication abortion that they “may see the remains of her unborn child.” (This is not true.)

• The ‘exception’ for fetal anomalies is fake: The abnormality must be “uniformly diagnosable,” a requirement that will exclude most conditions.

Rep. Tricia Cotham, the former Democrat who switched parties and gave Republicans the votes they needed to override the veto, called all of this “a middle ground that anyone not holding one of the two extremist positions can support.” But Republicans know that their bill is anything but commonsense and reasonable. (There’s no better proof than the legislation itself, which anticipates that women will become suicidal as a result of being forced to carry pregnancies against their wills.)

The editorial board at The Charlotte Observer blasted Republicans today and their ‘moderate’ messaging:

“People in North Carolina now have fewer rights than they did yesterday. They have fewer rights than their parents. And as much as Republicans want to call that ‘mainstream,’ it’s just not.”

The editorial also flags this unbelievable moment: One Republican, when touting that the bill had funding for contraception, said “if you choose to open your legs, there is money in there to help.”

I’ll have more soon, but in the meantime if you’re looking for a place to donate to, consider the Carolina Abortion Fund.

I wish that was the only bad news from yesterday. Also last night, Nebraska Republicans were able to move forward with their anti-abortion bill—a 10-week ban that they successfully combined with anti-trans legislation prohibiting minors from obtaining gender-affirming care—despite opponents debating for over six hours in an attempt to stymie the legislation.

Like lawmakers in North Carolina, legislators in Nebraska supporting the bill claimed that it was moderate—Sen. Ben Hansen called it “an agreeable compromise.” (It is not.) In addition to withholding life-saving care from trans children, the abortion ban has no exception for fetal abnormalities or doomed pregnancies, and contains criminal penalties for abortion providers. Republicans are also claiming that the ban is a 12-week restriction, even though it’s a 10-week ban. (The bill prohibits abortions 12 weeks after a patient’s last menstrual period, as opposed to from fertilization.)

One of the most powerful moments of the debate was when state Sen. Megan Hunt spoke up for abortion and trans rights, barely holding back tears, while protesters chanted in the background for “one more vote to save our lives.” (A reference to how just one politician needed to do the right thing in order to stop the legislation.) It’s not often I see a lawmaker reflect the exact kind of rage and sorrow that I feel, but Sen. Hunt did just that:

Incredibly, after pushing the bill through, its supporters literally fled the legislature through a special exit so they wouldn’t have to see the hundreds of protesters who had been at the Capitol all day. Shameful and cowardly.

Finally, we have South Carolina, where lawmakers are still debating a 6-week abortion ban despite failing to pass a nearly-identical bill just weeks ago. Nothing new to report as of yet, but you can follow what’s happening via Vicki Ringer from Planned Parenthood, who has been tweeting the debate, as has South Carolina House Democrats. You can also listen to Here & Now from NPR, which interviewed state lawmakers Katrina Shealy and Margie Bright Matthews—two of the five female senators who filibustered the last abortion ban.

In Montana, Gov. Greg Gianforte signed a law yesterday banning D&E abortions. The new law takes effect immediately, and punishes anyone who performs the procedure—generally used in the second trimester and for severe fetal abnormalities—with up to 10 years in prison. Planned Parenthood of Montana wasted no time, and asked a judge yesterday to block the law, arguing that it’s unconstitutional.

Now that Ohio Republicans got their special August election to try to raise the ballot measure standards—a strategy to prevent voters from restoring and enshrining abortion rights—legislators may not like the related backlash from citizens. (Ohio’s abortion ban is currently blocked.) The Ohio Capital Journal reports that Republicans’ move is a surefire way to “alienate traditional allies” in a time when they actually have a tremendous amount of power. It’s a piece worth reading, and I think reporter Nick Evans hits the nail on the head here:

“Republicans’ effort looks less like a concerted effort to ‘protect the constitution,’ and more like a desperate roll of the dice to forestall a contest they don’t think they can win.”

Pro-choice activists in the state are still collecting signatures, with the Cincinnati Enquirer reporting that they’ve been “swarming farmers markets, professional sporting events, college graduations, libraries and coffee shops.” Dr. Lauren Beene, executive director of Ohio Physicians for Reproductive Rights, says, “We’re all over the state. It’s just been incredible to see how volunteers have come out of the woodwork.” At the same time, Ohio abortion providers are seeing an increase in patients from in- and out-of state. Dr. Adarsh Krishen, chief medical officer at Planned Parenthood of Greater Ohio says, “The call center has been ringing off the hook.”

Love to have good news: In Pennsylvania, Democrats have kept the House majority in yesterday’s special election—an incredibly important win for abortion rights.

Quick hits:

• The Associated Press on how the spate of abortion bans in the South puts additional pressure on Virginia moving forward;

• Reimbursements for Iowa rape victims’ emergency contraception are still on hold thanks to state Attorney General Brenna Bird;

• And more on the Illinois legislation prohibiting deceptive advertising from anti-abortion centers.

In the Nation

The 5th Circuit Court of Appeals heard arguments today in the mifepristone case, with POLITICO reporting that the three judges “appeared skeptical” of allowing the abortion medication to remain legal. The judges are all conservative-appointees, so that’s not surprising—but still, distressing.

Judge Cory Wilson, for example, said that the FDA’s rules around mifepristone “made it much more likely that patients are going to go to the emergency room.” Sigh. We know that mifepristone is incredibly safe, and that complications are extraordinarily rare. The Washington Post has a rundown of the arguments and judge’s questions here, if you so dare.

And to hear from the actual people that this case will impact, check out this segment from NPR that interviews people who have used mifepristone. Dawn, for example, developed severe pre-eclampsia and was forced to deliver her baby three months early. Dawn had to quit her job to take care of her daughter, who required round-the-clock care. She became unexpectedly pregnant less than a year later and knew that she and her family didn’t have the ability to care for another child—so she had a medication abortion.

Dawn says, “Honestly, I feel like it saved my life. I can't imagine how our lives would have ended up had I not had that option.”

U.S. Sen. Jeanne Shaheen of New Hampshire has introduced a new bill that would ensure U.S. servicemembers have paid leave for abortion care, regardless of what state they’re stationed in. She went on Morning Joe to talk about the legislation today:

And make sure to check out this terrific (though infuriating) investigative piece from Garnet Henderson over at Rewire, who reports on how the CDC includes anti-abortion centers in their directory of sexual health services. Just as bad, they’ve been ignoring public health experts’ concerns over the listings for years.

Quick hits:

• The New York Times has an explainer on the Comstock Act;

• CNN spoke to women who decided to get sterilized after Roe was overturned;

• More on how abortion rights are playing a role in where the headquarters of Space Command will be permanently located;

• Pro-choice organization EMILY’s List honored U.S. Rep. Nancy Pelosi at an event last night;

• Ms. magazine speaks to iconic reproductive rights and justice attorney Lynn Paltrow;

• And in the least surprising news ever, Americans’ trust in the Supreme Court post-Roe is the lowest it’s been in 50 years.

Stats & Studies

Advancing New Standards in Reproductive Health (ANSIRH) at the University of California San Francisco has a new study out: “Care Post-Roe: Documenting cases of poor-quality care since the Dobbs decision. As you can imagine, the report shows that health care providers have seen increased pregnancy complications, increased delays in care and have been faced with an inability to provide proper and time-sensitive care.

Dr. Daniel Grossman, director of ANSIRH, says, “Banning abortion and tying providers’ hands impacts every aspect of care and will do so for years to come. Pregnant people deserve better than regressive policies that put their health and lives at risk.”

The report is worth a read, but it paints a pretty stark picture. The stories from providers are absolutely heartbreaking. Just one example below:

2024

Donald Trump may know that abortion is a losing issue for Republicans, but his sociopathic desire to take victory laps will always come before political strategy: On Truth Social last night, the former president bragged that he “was able to kill Roe v. Wade, much to the ‘shock’ of everyone.” He went on: “Without me there would be no 6 weeks, 10 weeks, 15 weeks, or whatever is finally agreed to. Without me the pro Life movement would have just kept losing. Thank you President TRUMP!!!” As The Hill pointed out, you can bet your ass you’ll be seeing those comments come up in future campaign ads when Trump tries to distance himself from the post-Roe nightmare we’re living in.

Meanwhile, former Vice President Mike Pence continues to happily support a federal abortion ban. In a New Hampshire “Conservation with a Candidate” Pence said that while the Supreme Court returned abortion to the states (sure it did), “If I'm ever called back into public service in our nation's capital, I'll also look for ways to advance the sanctity of life at the national level.”

Keep An Eye On

Parental notification laws. Today, POLITICO has a piece about how Democrats are split on the issue of whether minors should be able to have abortions without parental consent. Apparently, there’s some concern among Democrats that supporting the repeal of parental consent and notification laws will feed into conservatives’ ‘parents’ rights’ agenda. They don’t want to give Republicans any ammunition on the issue.

But here’s the thing: Laws about minors are a central piece anti-choice strategy at the moment. (Just look at the ‘abortion trafficking’ law in Idaho.) Conservative groups and lawmakers are going to chip away at abortion rights everywhere by going after young people first. Giving up on the most vulnerable among us in the hopes that Republicans have one less talking point to attack us with isn’t the smart—or right—thing to do.

Abortion, Every Day at NYU

Last month, I joined NYU Law’s Birnbaum Women’s Leadership Network for their conference on Women’s Rights and Backsliding Democracies. I had the best conversation with Melissa Murray, law professor and Strict Scrutiny co-host. You can watch the whole thing below.