In the States, Wisconsin anti-abortion groups want doctors to be prosecuted. In the Nation, a new poll showing that Democrats are winning on abortion rights. Some quick hits for you in 2024. New Stats & Studies reaffirm something I’ve been writing about for a year: how Republicans are trying to redefine ‘abortion’. North Carolina and Alabama take center stage in The Care Crisis. We hear from one of the women suing Tennessee in Care Denied. Keep An Eye On conservative media’s obsession with women dying for their pregnancies. And an amazing but sad milestone in You Love to See It.
In the States
Wisconsin anti-abortion groups called on district attorneys today to prosecute abortion providers in the state—a response to Planned Parenthood clinics resuming abortion care last week. Wisconsin’s ban hasn’t been repealed, but a recent ruling from a judge (saying that the ban isn’t actually a ban) gave the organization the legal confidence they needed to pull the trigger on performing abortions again after a year of not doing so.
Wisconsin Right to Life, Wisconsin Family Action, and Pro-Life Wisconsin demanded that district attorneys in two of the state’s biggest counties to enforce the ban, and said they’re also “keeping their options open” on filing a legal action to stop Planned Parenthood. Gracie Skogman, legislative director for Wisconsin Right to Life, said, “Planned Parenthood is illegally performing abortions at this time, since we're still waiting on a final determination from the courts.”
Luckily, the county attorneys the groups are trying to pressure—Dane County District Attorney Ismael Ozanne and Milwaukee County District Attorney John Chisholm—have already promised not to prosecute abortion cases.
In North Carolina, Planned Parenthood South Atlantic and a Duke OBGYN are asking a federal judge to block two parts of the state’s ban: a requirement that abortions after 12 weeks be performed in hospitals, and a mandate that doctors confirm an embryo is visible before prescribing abortion medication.
As you may remember, U.S. District Court Judge Catherine Eagles declined to block most of North Carolina’s ban this past June, but left these specific provisions unresolved. The requirements under consideration are specifically meant to make getting a legal abortion as difficult as possible. As Hannah Swanson, a lawyer with Planned Parenthood Federation of America, argued, that the rules “have no rational relationship to health and safety.”
The mandate about having an abortion in a hospital after 12 weeks, for example, doesn’t apply if a doctor is using the same exact procedure to treat a miscarriage. The ultrasound requirement is also completely medically unnecessary. They’re both just ways to increase the number of hurdles involved in getting an abortion before 12 weeks.
This is exactly what I wrote about in May: the lie that a 12-week ban is somehow a ‘compromise’. Republicans want to restrict abortion as much as possible, all while convincing Americans that they’re being moderate:
And as a reminder: Only 23% of North Carolina voters support the state’s abortion ban.
Meanwhile, OBGYNs in North Carolina say they’re seeing more patients asking to be sterilized because of the state’s ban. Dr. Kavita Arora says that the law is forcing women into taking drastic action because they no longer have any room for error when it comes to non-permanent forms of birth control:
“We’re pressuring them in other ways with these policies right? We are forcing folks to make decisions that are permanent and require surgery that they may not have otherwise made if all their reproductive healthcare options were available to them.”
Vasectomies are also on the rise in the state.
While some Republicans are trying to ‘soften’ their image on abortion—a response to voters’ obvious post-Roe ire—others are doubling down on their extremism. Missouri gubernatorial candidate Bill Eigel, for example, came out this week against any measures that would allow rape and incest exceptions for the state’s abortion ban. Eigel said that he doesn’t support “any more exceptions to the existing law,” and attacked opponent Lieutenant Governor Mike Kehoe, saying, “he’s very open to what effectively turn one of the toughest restrictions on abortion in the country into Swiss cheese.” Eigel also went after Secretary of State Jay Ashcroft, another Republican gubernatorial candidate, for mucking up attempts to stymie pro-choice ballot initiatives, accusing Ashcroft of “not doing his job.” (For some better news out of Missouri, check out You Love to See It.)
Grace told you last week that Michigan Democrats had run into a roadblock with the Reproductive Health Act: Detroit Democrat Karen Whitsett said that she wouldn’t support the RHA because she opposes Medicaid funding for abortion care. Yesterday, abortion rights groups called on Whitsett to drop her opposition I’ll keep you updated as I find out more.
Ohio’s Democratic party chair, Elizabeth Walters, writes in The Columbus Dispatch that Secretary of State Frank LaRose—who has been using the power of this office to try to stop a pro-choice ballot measure—is “giving the finger to Ohioans.” TRUE. Walters also urges readers to vote Yes on Issue 1 to stop Republicans’ “draconian” abortion ban from going into effect:
“It would effectively end safe abortion care in Ohio and put the lives of thousands of women across Ohio at risk. And it would make Ohio one of the most extreme states in the country on abortion, making businesses and families alike hesitant to relocate to our state.”
If you want to know a little bit about the guy trying to get Arizona’s abortion ban enforced, read this piece—though I must warn you that it will make you want to throw your laptop across the room. Dr. Eric Hazelrigg, the “medical director” of a crisis pregnancy center, is trying to reverse an Arizona Court of Appeals ruling that blocked the state’s 1864 ban. He also, inexplicably, was appointed as “the guardian at litem for unborn infants” by a Pima County Superior Court judge in 2022?? It’s not even 5pm and I need a valium.
Finally, it’s wild how abortion rights—once considered such a —is now coming up in every election imaginable. The New York Times, for example, reports that the race for Pennsylvania treasurer has suddenly become about abortion. And in Texas, the abortion rights record of a Houston mayoral candidate is also under fire.
Quick hits:
The Indianapolis Star on how Indiana’s abortion ban is impacting the gubernatorial race;
The Oregon Supreme Court is being asked whether Republican lawmakers who walked out on their jobs over abortion can run for reelection;
WABE looks at Georgia Attorney General Chris Carr’s efforts to get access to out-of-state abortion records;
And The Missouri Independent on how conservatives are using the anti-abortion playbook to go after gender-affirming care.
In the Nation
The Supreme Court is holding their private, closed-door conference today to go over petitions and consider what cases to hear. One of those petitions is from the Biden administration, asking that the Court to rule on the challenge against mifepristone. Sigh. For some background on the case, check out our abortion medication lawsuit explainer and our Comstock Act explainer.
Speaking of the Biden Administration, I really appreciate the way that they’re holding firm on the Pentagon’s abortion policy—refusing to even consider limiting service-member’s ability to travel for care. In an interview with Atlanta’s public radio station, WABE, Deputy Pentagon Press Secretary Sabrina Singh said, “We believe that our military members, no matter where they are based, should have equal access to reproductive health care or any health care. It’s about ensuring equity across the entire system.”
Finally, a new poll from NBC News shows that Democrats have a 45% leg-up when it comes to how voters feel about abortion rights.
Quick hits:
Roll Call on the continued fight to save PEPFAR;
The New York Times on why Democrats keep winning while Biden’s approval numbers are down (hint: it’s abortion);
Finally, watch Kerry Washington talk about her abortion and why she decided to include it in her memoir.
2024
The president of Focus on the Family wrote an op-ed criticizing Trump’s recent comments on abortion;
More on the fight between Trump and DeSantis over abortion;
NBC News on how the Biden campaign is moving forward as if Trump will be the GOP nominee;
And POLITICO has breakdown of where the candidates stand on different issues, including abortion.
Stats & Studies
A new study from the Guttmacher Institute shows that Republicans’ attempts to redefine abortion may be more successful than we realized. The group’s research shows that Americans don’t necessarily have a shared definition of ‘abortion’, and that some have fallen prey to conservative messaging.
For example, the researchers write that “many respondents considered ‘intent’ when classifying pregnancy outcomes and focused on intervention to distinguish between miscarriages and abortions.” This is something I’ve been writing about a lot in the last year (and you’ll see another big piece from me soon on the topic in another publication). Conservatives and anti-abortion activists have been working hard to decouple abortion from healthcare and redefine it as an ‘intention’ rather than a medical intervention.
As Guttmacher puts it: “Abortion stigma has been operationalized by anti-abortion groups and policymakers in the US to limit the acceptability and accessibility of abortion care.”
The Care Crisis
The OBGYN exodus continues—with anti-choice states losing OBGYNs and maternal fetal medicine specialists who don’t want to live and work in places that put their job, lives, and freedom at risk. This week, North Carolina is in the spotlight: The News & Observer spoke to doctors who are leaving because of the state’s abortion ban about their decision.
Dr. Nicole Teal, formerly of UNC Medical Centers, was offered what normally would have been her dream job: a faculty position in the center’s Department of Obstetrics & Gynecology.
“But Teal couldn’t help but replay patient conversations in her mind: My recommendation is to terminate your pregnancy, but I can’t do that until you get a little sicker. She remembered their faces, staring back in disbelief.”
Another doctor says he doesn’t even normally perform abortions, but the risk is still too great to remain in North Carolina—he’s worried that if he had to give someone emergent care that he could be arrested.
Doctors are also leaving Alabama, leading to hospitals shutting down maternity wards, The Montgomery Independent reports. Twenty five counties in the state don’t have obstetrics care, and 21 have low access to maternity care. In October, Shelby Baptist hospital will close its maternity ward, making Shelby County the largest is in the state without maternity care. From publisher Jeff Martin:
“Meanwhile, our state politicians are more concerned about prosecuting health care providers who help Alabamians travel to another state to have a legal abortion. Priorities, right?”
Pro-choice states are also dealing with the ripple effects of bans—doctors and clinics are being inundated with out-of-state patients. That’s why some states are pushing to expand the rules on who can perform abortions: we know that New Jersey is considering allowing midwives to provide abortions, and now abortion rights advocates in Pennsylvania are trying to end a law mandating that only doctors perform abortions.
Care Denied
Allyson “Allie” Phillips, who is suing Tennessee after being denied an abortion despite her fetus having a fatal anomaly, wrote about her experience—and why she’s fighting back—in The Tennessean today. Phillips, who had to travel to New York for care, just about broke my heart:
“Within an hour, I went into surgery alone. I sat in recovery alone. I grieved the loss of my daughter alone, in a city I’d never been to, around doctors I’d never met before, far from my family. I am so grateful for the caring professionals who treated me with such dignity, but I should never have had to leave home for humane health care–abortion care.”
Keep An Eye On
One of the most insidious trends I’ve followed since launching Abortion, Every Day is the way that conservatives are trying valorize women who die in childbirth, or who deny vital care in order to protect their pregnancies. Just a few weeks ago, I wrote about the increase in conservative and religious media outlets running stories about such women—glorifying dying for pregnancy because they want to make maternal mortality as palatable as possible as the death rates skyrocket.
This weekend, for example, Fox News’ Laura Ingraham interviewed a mother of two with brain cancer who was advised to have an abortion so that she could begin radiation. From Ingraham:
“She said ‘no.’ They told her she’d only have 12 months left to live, yet she still said ‘no.’ She was determined not to abort her baby regardless of what it did to her own health or her own life.”
I’ve said it before and I’ll say it again: If you think it sounds like they want you dead, it’s because they do.
You Love to See It
Like yesterday, here’s another story that we could choose to see yet another sign of our fucked up dystopia—or a reminder of the ways that our community comes together. Elevated Access, the group of volunteer pilots who have been flying people out of their home states in order to get abortion and gender-affirming care, completed its 400th flight recently. In a press release, the group says their network of pilots have flown passengers over 250,000 miles since April 2022.
Is it a nightmare that people need to be secretly flown across state lines in order to get care? Absolutely. But it’s also incredible to watch the innovative ways people have stepped up to ensure that people can get the abortions they need. So congratulations to Elevated Access—we’re so grateful for you.
Speaking of activists to be grateful for: Two abortion funds in Missouri, the Missouri Abortion Fund and Right By You, have launched a new text line for people who need help finding and funding abortion care. Texting 855-458-0886 will confidentially connect you with a local care coordinator who can help patients find abortions, emergency contraception, pregnancy tests and more.
There is definitely confusion about what an “abortion” is. When I needed an abortion last year to complete my pregnancy loss, my mom’s friend (who is liberal and a democrat) chided my mom when she told her I’d had an abortion - “well, that’s not an abortion...” Funny because if it’s truly not one, women in red states who need ‘em for medical reasons would be getting them.... and they’re not... It made my mom and me both furious. But I also know from the miscarriage and pregnancy loss silence that women often aren’t talking about the abortions they have in these situations because we aren’t talking about miscarriage and pregnancy loss in general. It’s too damn painful. So we keep silent. I’m trying to find ways to break the silence, but I also don’t begrudge anyone their privacy. That’s another thing that is so frustrating about all of this. If we’re going to change things, we keep having to bare some of the most private, painful experiences we have just to prove to people that abortion is healthcare.
"Intent" is only one step away from criminal intent. If abortion is "murder," does that make miscarriage negligent homicide? Indeed many women have already been arrested for having miscarriages and stillbirths which Michelle Goodwin wrote about in her book Policing the Womb. A window into our dystopian future.