Abortion, Every Day (9.21.23)

The Anti-Abortion Movement's SCOTUS Wish List

Hey, this is Grace Haley, Abortion, Every Day researcher. I’m bringing you the newsletter today, but I thought I’d first share with you the Shout Your Abortion fundraiser to keep their “Abortion is Okay, You are Loved” billboards up along Interstate 55—the route thousands of abortion-seekers take from states with abortion bans to Illinois. It’s something a lot of our readers would be interested in, and in the meantime, let’s get started with the newsletter—

---

In the States

The California Attorney General is suing anti-abortion crisis pregnancy centers over their medically-unsound “abortion reversal” procedures. The lawsuit claims the centers act in violation of California’s false advertising and unfair competition laws by peddling these so-called procedures to vulnerable patients. The suit asks the judge to block the centers from continuing the procedures. AG Rob Bonta called the centers “predatory” and said in a statement that “those who are struggling with the complex decision to get an abortion deserve support and trustworthy guidance—not lies and misinformation.”

As Jessica wrote in her latest column on the GOP’s plan to ban birth control, Republicans have invested millions of dollars in the proliferation of crisis pregnancy centers across the country in an attempt to replace reproductive health clinics and spread misinformation. Even in California, anti-abortion crisis pregnancy centers outnumber abortion clinics in the state!

Similar fights over ‘abortion reversal’ and the deceptive practices of anti-abortion centers have been happening in Illinois and Colorado.

We’ve been telling you about new legislation in Michigan, the Reproductive Health Act (RHA), that would repeal anti-abortion TRAP laws in the state. Well, that legislation hit a roadblock this week when a Democratic lawmaker announced that she won’t support RHA. Representative Karen Whitsett says she objects to allowing Medicaid funds for abortion care, which is a vital part of the bill. It’s also exactly what voters pushed for when they passed a ballot measure guaranteeing abortion rights in the state constitution.

Planned Parenthood Advocates of Michigan President and CEO Paula Thornton Greear called Whitsett’s opposition “a betrayal” of her constituents:

“If Rep. Whitsett votes in opposition, she will be solely responsible for the continued enforcement of dozens of anti-abortion restrictions that disproportionately harm women of color and people who are struggling to make ends meet. Every time a patient is forced to drive 7 hours to access abortion, has to reschedule their appointment over a timestamp, or worries over how they will afford care, Rep. Whitsett will be responsible.”

Democrats hold a slim 56-54 majority in the Michigan state legislature, and every Democratic vote is necessary for the bill's passage.

Abortion rights groups spent history-making amounts on ad campaigns in the upcoming Pennsylvania Supreme Court race. We’re talking seven-figure sums—numbers once unheard of in court races. Planned Parenthood’s ads target Republican candidate Carolyn Carluccio’s anti-abortion views, and the support she has from anti-abortion groups. They also point out that feature Carluccio deleted language from her campaign website that called her a defender of “all life under the law.” (Keeping with what we’re seeing from so many candidates across the board: they’re hiding just how extreme they are.)

Although this race won’t immediately affect who controls the court majority, state justices hold 10-year terms—so advocates are taking the long view in working to protect abortion rights in the state. As POLITICO reported a few weeks ago, Pennsylvania Democrats are hoping for a replay in what happened in Wisconsin when Judge Janet Protasiewicz won her seat. In the meantime, Republicans in the state are trying to play off how important abortion is in the race, calling it a “diversionary tactic.”

Speaking of Wisconsin: Senate Republicans proposed five anti-abortion bills that include barring training on abortion care at UW hospitals, child tax credits for embryos (a move to enshrine personhood), and extending funding for crisis pregnancy centers. This comes in response to Planned Parenthood clinics in Wisconsin resuming abortion care this week.

As Jessica reported yesterday, Planned Parenthood’s decision to resume care even though the state ban hasn’t been repealed yet, comes after a Wisconsin court ruling that says the 1849 law isn’t actually an abortion ban at all. Between that ruling, the fact that the state’s Attorney General is pro-choice, and that liberals have control over the state Supreme Court for the first time in decades—Planned Parenthood felt on strong enough legal footing to start offering abortions again.

The women, OBGYNs and abortion right groups challenging Wyoming's abortion ban filed a motion this week asking for the Judge to deliver her ruling. They argue that the judge has all the facts needed to make her ruling and deem the ban unconstitutional. As you may recall, Wyoming’s recently-passed abortion ban is blocked until at least next April when the court starts to hear oral arguments in the case. Republicans in the state have been trying to hold up the case by arguing that questions about the law are too “burdensome” to answer, and by trying to prevent the plaintiff’s experts from testifying.

Montana Democrats are calling out state Attorney General Austin Knudsen for opposing Abortion Safety Zone laws. Rep. Marilyn Marler, who has co-sponsored legislation to strengthen buffer zones, wrote an op-ed arguing that it is more important than ever to honor the state’s constitutional right to privacy—and to protect abortion-seekers and providers from the increasing harassment campaigns outside clinics. From Marler’s piece, where she describes a person who was trapped in their car by anti-abortion protesters at her doctor’s office:

“Everyone entering or exiting a healthcare facility deserves basic safeguards, regardless of the reason for their visit. More recently, anti-abortion activists have been targeting buffer zones as anti-abortion protests and harassment campaigns have notably increased since Roe was overturned and gave new energy to the anti-abortion movement.”

Quick hits:

• New numbers show that Indiana abortion rates plummeted before the state’s ban took effect;

• Also in Indiana, the Associated Press reports on the complaint against state Attorney General Todd Rokita;

• New Jersey Democrats are upping their abortion messaging ahead of 2024;

• The Illinois man who attempted to burn down an abortion clinic pleaded guilty and is facing up to twenty years in prison;

• And an Ohio court order has protected two clinics on the Ohio-Kentucky and Ohio-Indiana from closing.

In the Nation

The Senate voted Wednesday to confirm the next chairman of the Joint Chiefs of Staff, bypassing Alabama Sen. Tommy Tuberville’s block of hundreds of military promotions. Senate Majority Leader Chuck Schumer moved three top military promotions from Tuberville’s holds by bringing the nominations to a vote on the Senate floor. The votes for Marine Corps commandant and the Army chief of staff took place today and they were confirmed to their positions.

The rest of the blocked nominations will remain on hold while Tuberville refuses to give up his ‘protest’.

Meanwhile, more Senate Republicans are backing Tuberville, including Ohio Sen. JD Vance. Vance claimed the military recruitment process is in crisis due to social policies (like the military’s abortion policy). This aligns with the Republican strategy we’ve reported on previously: Tuberville and the GOP are looking for a reason beyond abortion to justify his actions, and so they’ve started to call service members' qualifications into question, and claim that the administration’s ‘wokeness’ is weakening the military.

The GOP threat to the reauthorization of PEPFAR—the highly successful global AIDS program—was a hot topic during the U.N. General Assembly this week. Global health figures are worried about future collaboration with the U.S. if PEPFAR’s reauthorization fails. They say that the global community would be less likely to collaborate with the U.S. if funding dries up for programs in their countries—despite Biden pointing to the program’s successes in his Tuesday address.

Many are also contesting the Republican push for a one-year extension of the program to investigate abortion funding allegations. From Asia Russell, executive director of nonprofit Health GAP:

“Everyone can agree it has nothing to do with the HIV response. It is holding out for a Republican president. It’s not a compromise. It’s a ploy.”

Right now, Republicans’ are split over its reauthorization. The division hinges on something called the Mexico City policy—better known as the global gag rule— which prevents NGOs from receiving US funding if they provide, or even talk about, abortion. Biden rescinded the policy once he took office, but congressional Republicans are calling for it to be reinstated with PEPFAR.  All of this is part of a broader anti-abortion strategy to put pressure on a broad swath of programs to remove their pro-abortion policies.

As violence against abortion clinics and their staff increases, Melissa Fowler of the National Abortion Federation calls for more protections in The Hill this week:

“Meaningful abortion access requires more than political speeches and proclamations promising sanctuary. Even, and perhaps especially, in states where abortion is legal, elected officials and others in power have a responsibility to support providers and help people easily and effectively access care. This includes ensuring that providers are able to do their jobs without fear of violence or retaliation and without unnecessary hurdles.”

Click here to see the National Abortion Federation’s most recent study on violence against clinics and abortion providers. 

Jennifer Finney Boylan, president of PEN America and Barnard professor, wrote a must-read essay in The New York Times on how the movement against abortion and gender-affirming care are “two sides of the same coin—issues that go to the core of what we mean by bodily autonomy, and what kinds of choices individuals get to make about our private, physical selves.” The conservative Christian extremist movement is now using the same tactics they’ve used since Roe to go after the trans community, including using ignorance and fear in an attempt to carve out political wins. Please give this piece a read.

Quick hits:

• The Washington Post on ‘abortion tourism’;

• A brief history of abortion from 1600 BC to the modern era;

• The medical history behind naming the reproductive system has deep misogynistic and sexist roots;

• The Guardian on what the abortion rights fight reveals about how much Republicans actually need evangelical Christians;

• And a new podcast hosted by abortion providers interviewing colleagues across the country that shows personal and professional lives have been upended by the overturning of Roe.

2024

Christian anti-abortion leaders released a list of potential Supreme Court and federal court judicial nominees for Trump to consider if he were to win the 2024 presidential race, and the list will scare you stiff. It includes Kristen Waggoner, Supreme Court litigator and president of the powerful anti-abortion legal organization Alliance Defending Freedom (the organization behind the Dobbs decision, the Texas mifepristone lawsuit, and countless pieces of anti-abortion legislation); current federal appellate judge James Ho, who wrote the terrifying dissenting 5th Circuit appellate decision that called for fetal personhood and argued that abortions caused “aesthetic injury” to doctors; and Kyle Duncan who composed the Supreme Court briefs behind the anti-abortion Hobby Lobby decision that allowed employers to refuse contraception coverage. Whew.

This comes as Trump tries to position himself as the “reasonable” Republican choice on abortion. After Trump’s “Meet the Press” interview this week, multiple media outlets covered Trump as seeking a ‘compromise’ on abortion—and gave fuel to his attempt to paint himself as moderate after the former president came under fire for blasting Ron DeSantis’ 6-week abortion ban. Polls show DeSantis’ support from moderate Republicans is quickly plummeting, with Trump and Nikki Haley gaining traction among the group.

But we know that Trump’s judicial picks are the reason why we have abortion bans and the Dobbs decision in the first place. He ushered in the Supreme Court majority that handed the anti-abortion movement its greatest win in decades, he appointed the judge at the heart of the Texas mifepristone lawsuit, and he has championed the impact Trump-appointed judges have over legal battles across the country.

Not long after Trump made his comments, the president of the Family Research Council and other anti-abortion leaders told POLITICO that they have privately spoken with the Trump campaign and are confident he would keep his commitment to the movement and push a national abortion ban. The GOP loves a bait and switch, and Trump is master at it.

Stats & Studies 

Dobbs isn’t just impacting abortion care and maternal health, but is also having a ripple effect into all kinds of healthcare—including the way that medications are prescribed to those with the ability to get pregnant.

A new groundbreaking survey from Dr. Mehret Birru Talabi, Dr. Bonnie L Bermas and law professor Greer Donley, for example, describes the grim impact Dobbs has on non-reproductive healthcare: rheumatology patients are being denied life-saving medical treatments because their ability (or perceived ability) to get pregnant is being deemed more important than medical evidence. 

The survey shows that rheumatologists in abortion-restricted states were more fearful to recommend abortion to their patients (referrals fell by almost 50% after Roe was overturned), encountered challenges filling life-saving medications that could cause miscarriages, and changed their plans whether they prescribed these medications at all.

Since Roe was overturned, women and girls across the country have had pharmacists refuse to fill prescriptions like methotrexate–a treatment for rheumatoid arthritis, lupus, and cancer–because of its potential for miscarriage. This is just one more example that shows how dangerous life is for millions of women across the country.

The Care Crisis: Maternal Care Deserts

Since Roe was overturned, the maternal and reproductive health crisis across the country has gotten rapidly worse. This week, Illinois Rep. Robin Kelly introduced legislation that aims to help. 

Kelly’s “Cares For Moms Act” would provide $50 million in federal funding towards doula schools and training programs, extend postpartum Medicaid coverage, and fund grants for mobile clinics to go to rural areas in maternal deserts. The funding for doulas is especially important—the country’s maternal mortality crisis is driving the need for better access to doula care, and reproductive health advocates argue that doulas are stepping in to help fill gaps in care amid a dire maternal care landscape. Doulas had already been filling in the gaps in care prior to the Dobbs decision, and their work has only grown as maternity care wards are shuttering and OB-GYNs are leaving abortion-restricted states across the country.

Recent studies show that doula care severely improves health outcomes for patients, including improved breastfeeding success, lowered anxiety, and reduced labor times. For example, the Tulsa Birth Equity Initiative found that doula programs lowered the preterm birth rate and cut low birth weight cases by notable degrees for Black women in Oklahoma.