Abortion, Every Day (7.31.23)

North Carolina Rep. Tricia Cotham was a Republican plant

In the States

I’ve gotta start with this story today because it is just beyond the pale: You likely remember North Carolina Rep. Tricia Cotham. She’s the lawmaker who switched parties just three months after taking office, giving Republicans a supermajority and the votes they needed to ban abortion. There were lots of theories as to why Cotham became a Republican—the primary one being that she was offended that Democrats weren’t kissing her ass enough. But according to a report from The New York Times, the reason for her switch is actually far more nefarious: she was a Republican plant.

“[W]hat was unusual—and not publicly known at the time—was that the influential people who had privately encouraged Ms. Cotham to run were Republicans, not Democrats. One was Tim Moore, the redoubtable Republican speaker of the state House. Another was John Bell, the Republican majority leader.”

While there’s no saying for certain whether Republicans knew she was a weak link or if Cotham ran knowing she would switch parties, her behavior seems to indicate the latter. Democrats and other political allies tell the NYT, for example, that she ignored their messages and well-wishes; Cotham refused to meet or take phone calls from Planned Parenthood; and her top campaign donors were PACs that generally give almost exclusively to Republicans.

All of which is to say: she defrauded voters, and Republicans helped her.

Speaking of attacks on democracy, let’s talk about Ohio: As the special election to raise ballot measure standards approaches, Republicans have decided they’re not taking any chances, and are suing to keep a pro-choice amendment off the ballot and as far away from voters as possible. The suit was filed mere days after the more than 700,000 signatures turned in by pro-choice activists were verified—and soon after polls showed that 58% of Ohio voters support enshrining abortion in the state constitution, and that 57% oppose Issue 1 (which would raise ballot measure standards). Quite a coincidence!

Really and truly: How many different ways can Republicans make clear that they don’t give a shit about what voters want?

If you’re a regular reader, you know we’ve been following the ballot measure fight in Ohio closely—not only because of the impact it will have there, but because it’s expected to be a sign of what’s to come in other states. (Both in terms of pro-choice activism and conservative attacks on democracy.)

The short version is that Republicans and anti-choice organizations have been absolutely unrelenting: They’re trying to push through Issue 1—which would mandate ballot measures get 60% of the vote to pass instead of a simple majority, and would require signatures come from every county in the state, making it near-impossible for citizens to get an issue in front of voters at all. At the same time, anti-choice groups are spending millions of dollars on ad campaigns falsely claiming that the amendment would allow minors to get gender-affirming surgery without parental permission. This isn’t even the first time conservatives have sued to keep the measure away from voters!

From Lauren Blauvelt, a spokesperson for Ohioans United for Reproductive Freedom:

“Anti-choice extremists know they can't win at the ballot box, so they are resorting to dirty tricks to try to silence the voices of Ohioans. A clear majority of Ohioans support reproductive freedom, so we expected desperate challenges like this one.”

The latest suit claims that pro-choice groups didn’t list the laws that would be repealed should the amendment be adopted—which, they argue, should invalidate the petition altogether. The suit also does something clever: it claims that the pro-choice amendment wouldn’t just repeal not the state’s abortion ban, but parental consent laws. (‘Parents’ rights’ has been a huge part of the anti-choice strategy in Ohio.) The whole thing is just a nightmare.

In related news: CBS News reports that Illinois Republican mega-donor Richard Uihlein is funding the majority of the campaign against against Ohio’s pro-choice ballot measure.

Florida Republicans are similarly terrified about what an abortion rights ballot measure will mean for their future—and they should be. POLITICO reports that Democrats see amendments for abortion and marijuana as a possible inroads to take back the state by boosting turnout. Democratic state Rep. Anna Eskamani pointed to enthusiasm over the pro-choice measure as an energizing force: “It reminds people what is at stake, it gives us a platform.”

Also in Florida, The Guardian reports that some Republicans are suffering “DeSantis-fatigue” as the governor flubs his presidential campaign, and The 19th looks at how the future of abortion rights in the state could hinge on Hispanic voters.

This is important: Alabama healthcare providers have filed a lawsuit against state Attorney General Steve Marshall today, in an effort to stop him from prosecuting anyone who helps people leave the state for abortion care. The suit points to a radio interview Marshall gave, in which he said volunteers who helped a Louisiana woman travel out-of-state for an abortion would face “conspiracy” and “accessory” charges in Alabama.

The suit was filed by the ACLU of Alabama on behalf of two clinics and an OBGYN. A similar lawsuit was also filed today on behalf of the Yellowhammer Fund. The groups are seeking a ruling that makes clear the state can’t prosecute anyone who providers referrals or help getting an out-of-state appointment. From Robin Marty, operations director of the West Alabama Women’s Center, one of the clinics in the suit:

“When we cannot share information with patients about all of their options during pregnancy, including those options that are legal and available outside Alabama, the physician-patient relationship is put in jeopardy and our patients are harmed.”

In more news about the ways anti-abortion states are seeking to punish abortion providers and activists: Indiana abortion provider Dr. Caitlin Bernard—who was targeted by state attorney general Todd Rokita after speaking up about a 10-year old rape victim denied abortion care in Ohio—has received her “letter of reprimand.” After a year-long harassment campaign by Rokita, Bernard was censured by the state medical board for what they say was a violation of her patients’ privacy. In reality, this was state-funded retribution for speaking out about the consequences of abortion bans. And, of course, is meant to scare other doctors from talking about the same in the future.

Also in Indiana, abortion rights supporters gathered this weekend in anticipation of the state ban going into effect tomorrow. Healthcare worker Janette Cobb, who stopped working in reproductive rights after Roe was overturned, said, “It broke my heart to leave abortion care.” She thinks about her patients often, Cobb said:

“They deserve access to their bodies. They deserve to be able to decide for themselves whether or not they want to be pregnant. And what will they do now?”

It’s likely that more legal challenges to the ban will be on the way.

Abortion, Every Day reported last week that anti-abortion centers in Vermont were suing over the state’s new law that bans lying to women or using deceptive advertising. The groups claim it’s a free speech violation (?!) and complain that they’re being targeted. A lawyer with Alliance Defending Freedom—the group defending the centers, and the conservative legal powerhouse behind the mifepristone lawsuit—told VTDigger that lawmakers “didn’t apply this law to anyone except for pro-life facilities…and so this law is different, because of that viewpoint discrimination.”

Or, maybe it’s just that crisis pregnancy centers are well-known for their shaming and lying! Vermont Attorney General Charity Clark says she’s looking forward to defending the legislation in court: “The law prohibits lying and deception in the marketplace. Who would be against that?”

If you want a reminder for why politicians should have nothing to do with legislating pregnancy, this quote from a New Jersey Democrat will do the trick. POLITICO spoke to Kevin Egan, who is being tapped to replace his father, retiring assemblymember Joe Egan. When asked about how he would have voted on the “Freedom of Reproductive Choice Act,” which enshrined abortion rights in the state constitution, the younger Egan said that while he was “100 percent pro-choice,” he still had reservations: “It’s a woman’s right at the end of the day, but I just wish they would decide earlier on about what they would want to do.” Huh?

POLITICO suggests that perhaps Egan fell prey to Republican scare tactics about women getting abortions right up until their due date, but it’s the “I just wish they would decide earlier” that made me furious. We all know that when people seek out abortions later in pregnancy, it is not often because of a ‘decision’—but because that choice was made for them by lawmakers who enacted hurdles to earlier care. It’s bad enough that politicians are making these decisions at all; the least they can do is learn the truth about abortion. ‘

Quick hits:

• An Ohio man has been indicted by a grand jury for threatening to burn down a local Planned Parenthood;

• More on the Illinois law preventing anti-abortion centers from lying to women;

• Abortion could be available in Wisconsin soon, legal experts say;

• For the second year in a row, Baltimore, Maryland is making grants available for abortion funds, which are seeing a massive increase in the number of out-of-state patients who need their help;

• Washington’s stockpile of mifepristone remains untouched while the medication’s future is battled out in the courts—but the governor’s office says they’ll distribute the pills should they get close to their five-year expiration date;

In the Nation

President Joe Biden has decided to keep Space Command in Colorado, the Associated Press reports, undoing Trump’s plan to move the headquarters to Alabama. Space Command’s permanent home has been the center of a broader fight over whether the federal government can decline contracts or refuse to buy or lease buildings based on whether they’re located in an anti-abortion state. (Republicans, preemptively furious over the possibility that Space Command might be kept in Colorado, have proposed legislation and spending bill amendments that would prohibit the government from doing as much.)

While Biden Administration officials have denied reports that they were considering remaining in Colorado because of Alabama’s abortion ban, it seems reasonable to me that you wouldn’t want to move a bunch of service members to a place where they can’t get the full spectrum of healthcare they need.

Speaking of the military: Republicans are an increasingly tough spot as Sen. Tommy Tuberville’s ‘protest’ of the Pentagon’s abortion policy stretches on. Tuberville has already held up hundreds of military nominations and promotions—not exactly a good move for a party that claims to care about the nation’s readiness. And in related news, we might be on the brink of a shutdown because Republicans are insistent on inserting abortion restrictions into spending bills. More on both of these issues after the August recess.

Meanwhile, the Des Moines Register has more on Vice President Kamala Harris’ visit to Iowa last week, where she talked about abortion rights. You can watch her full remarks here, but I just had to flag this quote:

“Women in our country are having miscarriages in toilets…Laws are passed that make no exceptions for cases of rape and incest. … How dare these supposed leaders decide they're in a better position to tell [a woman] what's in her best interest than she is to know.”

Harris also said something that I’ve written about a lot over the last year: “As I travel the country, it becomes clear to me that so many people in these state legislatures don’t even know how women’s bodies work.” It’s depressing because it’s so fucking true.

Quick hits:

• The New York Times on Republicans’ abortion-related war on AIDS relief;

• Rep. Nancy Mace continues to warn fellow Republicans that they’re being too strict on abortion (and I continue to think that she’s out there simply to redefine what ‘the middle’ is);

• CNN on how Republicans are cutting funding meant for hungry infants and children (so pro-life!);

• And Planned Parenthood Action Fund (PPFA) announced today that the groups is backing the re-election bids of five Senate Democrats: Sens. Tammy Baldwin, Sherrod Brown, Kirsten Gillibrand, Jacky Rosen, and Jon Tester.

2024

Ron DeSantis is on the anti-abortion movement’s shitlist at the moment. After the Florida governor dodged questions about a federal abortion ban in a recent interview with Megyn Kelly, Susan B. Anthony Pro-Life America called his position “unacceptable.” Also notable is that SBA president Marjorie Dannenfelser used our favorite word, ‘consensus’, three times in her statement":

“The American people have expressed a clear consensus for protecting babies in the womb…the pro-life movement and the American people deserve a president who will boldly advocate this consensus. Gov. DeSantis’s dismissal of this task is unacceptable to prolife voters. A consensus is already formed.”

We get it, we get it. You want voters to believe that Americans are anti-abortion. Too bad the stats don’t bear that out, Marjorie!

Speaking of Republicans’ war on language: at the Lincoln Dinner on Friday night, former vice president Mike Pence renewed his support for a 15-week abortion ban by calling for “a minimum national standard” on abortion.

Criminalizing Care

Idaho Republicans are showing exactly how they plan to criminalize abortion care in the state. Journalists Rachel Sun and Laura Guido report that the Idaho Freedom Caucus sent a threatening letter to hospitals last month, questioning their abortion reporting numbers and reiterating the criminal penalties for failure to accurately report on the abortions they’ve provided. Idaho Hospital Association spokesperson Greg Morrison said, “It really seemed like an unusual request going around the Department of Health and Welfare to get information that is protected by state law.”

From the letter:

“Has your hospital performed any of the induced abortions that are required to be reported? If so, has your hospital been in compliance with Idaho’s induced abortion reporting law? If not, is there a reasonable explanation, and will you please provide your induced abortion data so we can make informed policy decisions?”

The letter was signed by multiple Idaho Republicans, including Sen. Scott Herndon who you may remember as the guy who said that a teenager being raped by a family member is “merely natural circumstances.” He also told a story about a Montana woman who wrote a book about being raped by her stepfather and how, “That child that she actually had proved to be incredibly cathartic for her and a huge blessing in her life.” So, an all-around charmer.

More on the letter from reporters Sun and Guido:

“The letter stems from testimony by Ken McClure, the legal counsel for the Idaho Medical Association, in which he stated during a March 29 hearing for HB 374 that hospitals needed the freedom to deal with pregnancy complications without fear of legal prosecution. In the letter, the IFC pointed to an apparent discrepancy between McClure’s statement and reported abortions, pointing to the fact that only five of the state’s 44 counties reported abortions in the past 11 years…”

To me, this is a clear indication that lawmakers plan to punish anyone who speaks out against abortion bans. McClure testified against a ban, and so Republicans are using the power of their office to harass hospitals. It’s the same thing that happened with Indiana AG Toddy Rokita going after Dr. Caitlin Bernard. It’s punitive, and meant to have a chilling effect.

Abortion Online

Social media giant Meta is coming under increased scrutiny for how it treats abortion, especially in the wake of a Nebraska teenager being sentenced to 90 days in jail for self-managing an abortion—a prosecution made possible because law enforcement accessed the girl’s Facebook messages. Today in Slate, reporter Jennifer Neda John updates us on Meta’s Oversight Board, which is expected to announce recommendations soon on how they’ll treat abortion-related content.

John writes that the company is woefully underprepared to moderate content about abortion, and reports that abortion misinformation is everywhere on Facebook. From graphic images that remain up for months to ads promoting abortion ‘reversal’ and other lies—misinformation has been viewed millions of times on the website. Meanwhile, abortion rights groups trying to put out accurate (and vital) information have their content blocked.

One of John’s recommendations for how the company should move forward is really important; she says Meta should treat abortion as a public health issue. Which it is! She looks to the way that the company adopted special rules about Covid as a possible model:

“Just as Meta pointed users toward accurate information through the COVID-19 Information Center, it could elevate facts about abortion from medical experts. Recommendation algorithms could prioritize credible sources while limiting the visibility of unreliable content. Posts that discuss abortion could be accompanied by an information panel, as outlined in YouTube’s policies. Jackie Rotman, founder of the Center for Intimacy Justice, suggested that Meta could institute a third-party verification process for reproductive health organizations that would protect their content from arbitrary moderation.”

This is a terrific recommendation, and we’re going to need as many ideas like this as possible. I refuse to be optimistic, but I’m still going to keep my fingers crossed that Meta will do the right thing.