What We Missed

A special catch-up edition of Abortion, Every Day

An Attack on Veterans—and Life-Saving Abortions does a deep dive into the Trump administration’s newest move, and what the language they’re using really means. The Defund Fight Continues has the latest on the suits challenging the GOP’s “big beautiful bill.” In the States, news from Maine, South Dakota, Texas, Florida, Minnesota, and more. Policing Pregnancy reports that a Kentucky woman has been arrested for her pregnancy outcome. Finally, in Crisis Pregnancy Centers on the Rise, the NYT covers something AED has been warning about for years.

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An Attack on Veterans—and Life-Saving Abortions

This holiday season, the Trump administration quietly banned all abortion for veterans and their families. Last week, the Department of Veterans Affairs implemented a new policy that reverses a Biden-era rule allowing abortions in cases of rape, incest, and health- and life-threatening pregnancies. Now, the agency can’t even counsel on abortion.

Media outlets are reporting that the VA can still provide life-saving abortions, but that’s not really what the new policy says. This is important: In a leaked memo obtained by Democracy Forward, the VA notes that “life-saving services that are not considered abortion…may be provided.” (Emphasis mine) It goes on to say that patients with life-threatening pregnancies can be provided with “care,” “procedures,” “treatment,” and “intervention.” Not abortions.

This language is not an accident. Abortion, Every Day has long warned that conservatives are trying to codify the lie that abortion is never necessary to save someone’s health or life. (They argue patients can simply be forced into c-sections or vaginal labor.) That’s why anti-abortion activists will say that Republican bans allow for life-saving ‘care’ or ‘treatment’—not abortions.

The end goal? Banning life-saving abortions altogether.

So you can understand why it’s so alarming that the VA is mirroring this language, and advancing the lie that abortion is never medically necessary. We had a hint that this was coming: When Trump’s VA first proposed this policy back in August, Mother Jones noted that the proposed rule called it “incorrect” that “abortions throughout pregnancy are needed to save the lives of pregnant women.”

And in an opinion last week, the Department of Justice argued that “nothing prohibits VA from providing care to pregnant women in life-threatening circumstances,” noting that the VA’s “longstanding approach to lifesaving medical interventions accords with the plain meaning of ‘abortion.’” (Emphasis mine.) The DOJ also cited an anti-abortion paper about the definition of ‘abortion’.

To be clear: none of this means that the VA won’t provide life-saving abortions. This move is more about codifying language as part of a longer-term plan than it is to immediately limit people’s ability to obtain care. But we also know that when state laws have used similar language, doctors have felt forced to perform c-sections, rather than standard abortion procedures, when treating patients with life-threatening pregnancies. So we’ll be keeping an eye out.

For more information on the impact this will have on veterans and their families, read reactions from the Center for Reproductive Rights, Democracy Forward, and Sen. Patty Murray.

The ‘Defund’ Fight Continues

We got some bad news last week in the ongoing assault on Planned Parenthood and reproductive care clinics.

As you know, the Trump administration’s ‘big beautiful bill’ has been shuttering clinics across the country by prohibiting them from getting federal Medicaid reimbursements for any type of care. The law is meant to function as a backdoor national ban, eradicating access even in pro-choice states. And while some states are stepping up to cover funding for clinics, that’s not a sustainable long-term solution.

That’s why activists have been fighting back in the courts, with multiple lawsuits and varying degrees of success. It’s incredibly frustrating: a judge will block the ‘defund’ portion of the GOP’s law, only to have an appeals court repeal the move. That’s exactly what happened this week, when the First Circuit undid an injunction from US district judge Indira Talwani.

In early December, Talwani blocked the Trump administration from enforcing the ‘defunding’ against plaintiffs in 22 states. But on Tuesday, the U.S. appeals court vacated the injunction, ruling that the federal government is “likely to prevail on the merits.” The First Circuit did something similar in mid-December, when the Massachusetts-based appeals court overturned another injunction from Talwani in a separate suit over the law.

California Attorney General Rob Bonta’s office responded to this week’s ruling by saying they were disappointed, but “remain committed to holding the federal administration accountable.”

Meanwhile, there’s an update on a third suit challenging the ‘defunding’ portion of the bill: the Associated Press reports that Maine Family Planning has voluntarily dismissed their suit against the federal government. The reproductive healthcare group—which was forced to stop offering primary care services in October as a result of the ‘big beautiful bill’—made the difficult decision to instead direct their resources towards patient treatment.

From Maine Family Planning president George Hill:

“As the Trump administration has dismantled the nation’s health care system, we have remained focused on delivering high quality care to our patients….though our lawsuit will not continue, we are not wavering in our commitment to our patients and to advocating for the health care system that Mainers need and deserve.”

The suit was dismissed without prejudice, which means it can be refiled.

In the States

Sticking with Maine for a moment: Maine Family Planning and Planned Parenthood of Northern New England are asking the state for funding help to keep them afloat amid Trump administration attacks.

The state has already given the groups $6 million, but that can only last so long. Without the ability to get federal Medicaid reimbursements, the clinics—like so many others—are in trouble. That’s why the two groups are working with Democratic legislators to allow for a permanent stream of state funding.

In a statement, Rep. Amy Kuhn called the organizations a “critical safety net for tens of thousands of patients.” She said, “It is essential that these providers have the resources they need so that Maine people can get the care they rely on.”

Unfortunately, the funding wouldn’t go towards abortion services. But that’s not stopping Republican lawmakers from making a stink. State Rep. Amy Arata said, “Hard-earned tax dollars should be spent on true healthcare, not political scams.”

Let’s move on to South Dakota, where I’ve been tracking Republicans’ chilling attack on pro-choice speech. A refresher: Mayday Health released an ad campaign at dozens of gas stations across the state—signs that simply say, “Pregnant? Don’t Want to Be?”, and direct people to the group’s website.

Mayday Health’s ads went up at dozens of gas stations in South Dakota

Pretty innocuous, honestly. Still, Attorney General Marty Jackley demanded that Mayday take the ads down, claiming that they violate the state’s deceptive trade practices law. His argument is that the ads wrongly lead people to believe that pills-by-mail are legal in the state, and that they’re ‘deceptive’ because abortion medication is “dangerous.”

Mayday, correctly, refused to remove the signs. But now Jackley has filed a motion asking the court to step in. “These ads are targeting women—including teenagers—encouraging them to take these pills while misleading them about the potential physical risks,” he said.

Here’s the thing: He’s full of shit. Abortion pills have been proven safe and effective for decades, and South Dakota Republicans know it. In fact, when the Argus Leader asked Gov. Rhoden’s office why he was using a retracted junk science study to push dubious claims about mifepristone, his press secretary basically admitted they don’t care if the information is false:

“No matter the number cited, the truth remains the same. God made us all equal in his image. He blessed us with the gift of life, and that life begins at conception.”

There’s no hearing date scheduled yet for the lawsuit, but I’ll keep you updated.

Something similar is happening in Indiana, by the way: Republican Lt. Gov. Micah Beckwith is pissed off over a billboard in Indianapolis that tells people they can get abortion care out-of-state.

Beckwith admits that the ad is legal, but calls the law a “loophole”—he’s even encouraging voters to support a ban on ads for abortion. In May, Indiana’s governor signed a law banning ads for marijuana; Beckwith says lawmakers should do the same with information about abortion:

“If Indiana can ban marijuana advertising because it’s illegal here, abortion advertising should have the same application. I would argue abortion advertising is far worse. I think we need to be calling our representatives and senators and saying, ‘Let’s ban abortion advertising now too.’”

Attacks on pro-choice speech have been on the rise since the end of Roe—from attacks on ads and billboards to legislation seeking to ban pro-choice websites.

Over in Texas, The Dallas Morning News reports on the devastating impact of the state’s abortion ban on maternal and infant health. A few major takeaways: since banning abortion, women who lose their pregnancies are more likely to develop sepsis and other infections, and are more likely to need blood transfusions and suffer other complications.

Researchers also found that doctors are more likely to delay or deny care for pregnant patients out of fear of the state’s ban, that more Texans were leaving the state or relying on medication for care, and—horrifyingly—that more babies are dying and being born with serious congenital defects.

That’s why this last stat should be zero surprise: under the state’s ban, more Texan women are getting tubal ligations. Who could blame them.

Stories like this make me livid: a Florida teenager seeking an abortion without parental consent was originally denied a judicial bypass because her grades weren’t high enough. The Tampa high schooler’s petition was denied because the court said her 2.0 GPA showed that her intelligence was “less than average” and couldn’t make an informed decision. So she’s not smart enough to have a ten minute medial procedure but is smart enough to parent for 18 years? Make it make sense!

Thankfully, her second request was granted—but this is just cruelty.

Finally, this isn’t abortion-related—but it is about reproductive health and justice: the Trump administration is freezing federal child care dollars to Minnesota in response to a viral video from a conservative influencer. Read NPR for the full story, but just remember: the cruelty is the point. (Also, on a broader scale: what better way to force women out of the public sphere than make childcare impossible to afford or obtain?)

Quick hits:

• City & State Pennsylvania breaks down the slate of reproductive rights bills being brought by Democratic legislators;

• The New Jersey Monitor reports that the abortion rate has gone up since the end of Roe;

• Finally, the Idaho Capital Sun digs into abortion rights ballot measures coming up in Idaho, Missouri, Nevada, and Virginia.

Policing Pregnancy

A Kentucky woman¹ has been arrested for ending her pregnancy, charged with fetal homicide, abuse of a corpse, and tampering with physical evidence. Right now, the only available information comes from Kentucky police—and if our post-Dobbs coverage has shown us anything, it’s that you should never take cops’ word for fact. Ever.

So keep that in mind as you read on.

According to law enforcement, the 35-year-old woman was arrested after telling healthcare workers she’d ended her pregnancy. (Unfortunately, this is often how these cases begin: women being turned in by people they’re supposed to be able to trust.)

Police say they then searched her property and found buried fetal remains. They haven’t said how far along the pregnancy was, only describing the fetus as “developed.” They also claim the woman said she ordered abortion medication online.

Again, we don’t know if any of this is true: it’s just what local outlets are repeating from police statements. What we do know is that the arrest follows a clear and recognizable pattern: a woman turned in by healthcare providers, arrested on charges seemingly unrelated to abortion—like abuse of a corpse—and her name and face splashed across local crime pages.

There is one break in that pattern, however: the fetal homicide charge. Abortion is criminalized in Kentucky, but state law supposedly prohibits arresting women for it. That’s why authorities usually use workaround charges like ‘abuse of a corpse’ or ‘concealing a death.’ So I’m watching closely to see how police justify charging this woman with fetal homicide.

While Republicans continue to insist they have no interest in punishing women, they’ve been ramping up efforts to do just that: In the last year alone, more than a dozen states have considered laws that would charge abortion patients with homicide—which in some states could mean the death penalty. And since the end of Roe, hundreds of women have been arrested on pregnancy-related charges.

AED will have more on this case in the coming days. In the meantime, read about conservatives’ criminalization push below:

Three Years After Dobbs, They’re Coming for Patients

Crisis Pregnancy Centers on the Rise

For years, Abortion, Every Day has warned that conservatives planned to position crisis pregnancy centers as reasonable ‘replacements’ for the Planned Parenthood clinics their policies are shuttering.

We’ve been raising the alarm especially over the last year: When SCOTUS cleared the way to defund Planned Parenthood, AED pointed out that conservatives would try to fill that healthcare gap by driving vulnerable patients to anti-abortion centers. We’ve tracked the increase in bills seeking to make CPCs immune from state oversight, the ‘studies’ claiming women don’t need Planned Parenthood because “alternative providers” can step in, and the GOP talking points—like Mike Johnson’s promise to redirect federal funds “away from big abortion and to federally qualified health centers.”

We even flagged conservative media headlines, like when the National Review declared, “With Planned Parenthoods Closing, Pregnancy Centers Are Ready to Fill the Gap.”

All of which is to say: I’ve been a little obsessed with this strategy.

That’s why I was glad to see it get real attention right before the holidays, with the New York Times reporting that “as Planned Parenthood closures mount, a different kind of organization is seeking to fill the void: anti-abortion pregnancy centers.”

Reporters focused in particular on Obria Medical Clinics—“Christ-centered” and “life-affirming” pregnancy centers with locations nationwide. And while the paper did make clear that Obria and other CPCs aren’t legitimate replacements for real reproductive healthcare clinics, the piece was far too ‘both-sidesy’ for my taste.

It’s not enough to note that CPCs don’t prescribe birth control or don’t have real medical staff. We’re talking about organizations that lie to the women as a rule—groups known to put patients’ health and lives at risk by misleading them about their pregnancy.

What’s more, I wish the Times would have dug into why the anti-abortion movement is so focused on crisis pregnancy centers. It’s not just about tapping federal dollars meant for real clinics—it’s because CPCs are a key part of conservatives’ plan to ban birth control.

As I’ve written before, you don’t need to outlaw contraception if you make it impossible to get. And what better way to keep birth control out of women’s hands than to ensure that the only ‘clinics’ left in a community are the ones that refuse to prescribe it? (More on this strategy here.)

Fun Fact

I thought you all might appreciate this: the ultra-conservative Daily Caller was not happy that I sent you all a holiday card. The right-wing rag accused me of being “demonic” (!!) and of appropriating a wreath from Christians.

Of all the right-wing attacks I’ve endured over the years, this is definitely a new one. In any case, I decided to start thinking now about what kind of holiday card I can send out next time to piss them off even more. Ideas welcome!

1. Abortion, Every Day’s policy is not to name women arrested for pregnancy-related charges, unless 1) they come forward themselves, or 2) media coverage is so widespread that it does more harm not to name them. (AED will often be the only publication not taking cops’ word as fact, which can be important for Google search results, etc.)