The Biggest Thing Missing From Joe Biden’s State of the Union

BY DAVID S. COHEN, GREER DONLEY, AND RACHEL REBOUCHE
MARCH 08, 2024

On Thursday night, President Joe Biden gave an energetic and compelling State of the Union address that centered reproductive freedom. It was the second topic he addressed, behind only threats to democracy, abroad with Putin and at home with Trump. In turning to reproductive rights, Biden was able to showcase the powerful stories of his invited guests, like Kate Cox and Latorya Beasley, to underscore the real harms of anti-abortion policies.

There was a lot to appreciate in his speech, but there were missed opportunities. Reproductive rights and justice advocates immediately noticed that Biden did not say the word “abortion”—a recurring issue for the president. But we noticed the omission of another word, which we think is possibly even more significant given the coming election: Comstock.

Continued: https://slate.com/news-and-politics/2024/03/abortion-comstock-act-joe-biden-state-of-the-union.html

USA – “Impossible to enforce”: Attempts to ban abortion travel are scare tactics, legal expert says

It's not clear if abortion travel bans are constitutional or not. For now, they are mostly used as intimidation

By NICOLE KARLIS
JANUARY 30, 2024

Last week, a Tennessee Republican lawmaker proposed legislation that could imprison any adult who "recruits, harbors or transports" a pregnant minor to get out-of-state abortion care. Parents and legal guardians would be exempt, but any other adult helping a minor — say an aunt or friend or abortion care provider — despite receiving the minor’s permission, would be subject to the penalty of a Class C felony which is three to 15 years in jail.

In a press statement, Ashley Coffield in the release, CEO of Planned Parenthood of Tennessee and North Mississippi said such a measure would have a “chilling effect” on trusted adults and helpers who assist minors in accessing abortion care. It could be especially harmful to minors living in abusive households.

Continued: https://www.salon.com/2024/01/30/impossible-to-enforce-attempts-to-ban-abortion-travel-are-scare-tactics-legal-expert-says/

30.01.2024

Planned Parenthood of Tennessee and North Mississippi Planned Parenthood of Tennessee and North Mississippi

Reproductive Rights Task Force

USA opinion: It’s too dangerous to allow this antiquated law to exist any longer

by David S. Cohen, Greer Donley and Rachel ReboucheComst
Mon January 22, 2024

The most significant national threat to reproductive rights is not a looming Supreme Court judgment or a bill being considered by Congress. It’s already here, in the form of an extant but long dormant law from 1873 that could ban abortion nationwide: the Comstock Act. The act is named after Anthony Comstock, an anti-vice crusader from the late 1800s who used his power as a special agent of the US Postal Service to enforce his beliefs about sex and propriety. He was able to persuade Congress to pass laws against “indecent or immoral” materials, including broad definitions of contraception, pornography and abortion.

Continued: https://www.cnn.com/2024/01/22/opinions/abortion-threat-comstock-act-must-be-repealed-cohen-donley-rebouche/index.html

22.01.2024

Ending Roe v. Wade May Have Had the Opposite Effect That Conservatives Had Hoped For

BY DAVID S. COHEN AND CAROLE JOFFE
NOV 07, 2023

On Tuesday, Ohio voters passed a ballot measure enshrining the right to an abortion in the state constitution, joining several states where voters have responded to the end of Roe v. Wade by protecting reproductive rights via popular referendum. We recently learned, however, that even without these votes, reproductive rights might be safer than many expected following the end of Roe in 2022.

When the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, the conventional wisdom was that there would be a steep drop in the number of abortions in the United States. As it turns out, though, conventional wisdom was wrong. To many observers’ surprise, two recent studies reveal that national abortion numbers have actually slightly increased since the Supreme Court ended Roe. Based on everything we know about abortion seekers and providers, however, that abortion numbers would go up in the face of Supreme Court retrenchment should have been exactly what was predicted.

Continued: https://slate.com/news-and-politics/2023/11/ohio-vote-abortion-access-is-growing.html

USA – Group using ‘shield laws’ to provide abortion care in states that ban it

Aid Access ships medication abortion to all 50 states under the protection provided to clinicians serving patients in banned states

Rebecca Grant
Sun 23 Jul 2023

Dr Linda Prine is providing abortion access to people in all 50 states, even those that have banned it. That might seem like an admission to be discreet about in post-Roe America, but Prine and her colleagues at Aid Access, a telemedicine abortion service, are doing it openly and in a way they believe is on firm legal ground.

On 14 July, Aid Access announced that over the past month, a team of seven doctors, midwives and nurse practitioners have mailed medication abortion to 3,500 people under the protection of “shield laws”, which protect clinicians who serve patients in states where providing abortion is illegal. As soon as she learned about shield laws, Prine knew it represented an opportunity to go on the offensive, for those bold enough to try it.

Continued: https://www.theguardian.com/world/2023/jul/23/shield-laws-provide-abortion-care-aid-access

USA – How a 150-Year-Old Law Against Lewdness Became a Key to the Abortion Fight

The Comstock Act, named for a public-morals crusader on a mission to “sanitize” the U.S. in the 1870s, makes a comeback in the abortion-pill battle.

By Emily Bazelon
May 16, 2023

Anthony Comstock, a 19th-century crusader against sexual liberty, was mocked as a prude in his own time, but wielded real power. He persuaded Congress in 1873 to pass the Comstock Act, written by and named for him, making it a federal crime to send or deliver “obscene, lewd or lascivious” material through the mail or by other carriers, specifically including items used for abortion or birth control.

By the 1960s, the Comstock Act had fallen out of use — narrowed by court rulings, partly gutted by congressional repeals — and it was made an unconstitutional relic by the Supreme Court’s decision in 1973 in Roe v. Wade, recognizing a national right to abortion. But it stayed on the books.

Continued: https://www.nytimes.com/2023/05/16/us/abortion-comstock-act.html

Idaho criminalizes helping minors travel out of state to get an abortion

May 5, 2023
By Sarah Varney and Maea Lenei Buhre
(Video 8:15 minutes)

With abortion now effectively banned in 15 states, many Americans are crossing state lines to legally end pregnancies. Friday, the first state law aimed at ending that option for anyone under 18 went into effect in Idaho.

In a story co-produced with the PBS NewsHour, KFF Health News correspondent Sarah Varney takes a look at this new frontier in the movement to outlaw access to legal abortion.

Continued: https://www.pbs.org/newshour/show/idaho-criminalizes-helping-minors-travel-out-of-state-to-get-an-abortion

USA – Lawyers suggest a way around abortion pill restrictions but doctors may be afraid to try it

Doctors can prescribe abortion pills off-label if courts impose restrictions. Will they?

By ALICE MIRANDA OLLSTEIN
04/24/2023

The Supreme Court’s Friday decision punts the fate of the abortion pill mifepristone back to lower courts — maintaining the current level of access for now but leaving in jeopardy the most common method of terminating a pregnancy.

Some legal experts have argued that doctors can circumvent a key piece of the restrictions lower courts may impose by prescribing the pill off label. But physicians say it’s not that simple, and focusing on that technicality misses the larger peril facing doctors who help patients have an abortion.

Continued: https://www.politico.com/news/2023/04/24/off-label-abortion-pill-prescribing-00093377

24.04.2023

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American Medical Association

Center for Bioethics and Health Law

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USA – The Plaintiffs Trying to Ban the Abortion Pill Admitted They Have No Case

BY DAVID S. COHEN, GREER DONLEY, AND RACHEL REBOUCHE
MARCH 21, 2023

There are so many problems with the federal case in Texas challenging the approval of mifepristone, the first of two drugs given as part of a medication abortion. On the procedural side of things, just to name a few, the statute of limitations has long run out, the plaintiffs have not exhausted their administrative remedies, they haven’t identified a provision of law that has been violated, and their claimed injury makes no sense. On substance, again just to name a few, mifepristone is one of the safest drugs on the market, pregnancy is a medical condition for which the FDA can approve drugs, and the act on which the case relies has been basically a dead letter for a century. This case really is frivolous and should garner no real attention.

But, of course, we’re talking about this case repeatedly because of the real fear that the plaintiffs successfully hand-picked one of the few federal judges in the country who will ignore all this and rule in their favor. So, there is no such thing as giving this case too much scrutiny. And in that vein, it’s worth explaining how the release of the transcript from last Wednesday’s argument reveals yet another flaw with the case—lack of redressability—that should end the case immediately.

Continued: https://slate.com/news-and-politics/2023/03/abortion-pill-mifepristone-misoprostol-ban-fail.html

The Latest Attack on the Abortion Pill Is Forty Years in the Making

If a Texas lawsuit prevails, mifepristone will no longer be available anywhere in the nation, even in states where abortion is legal.

By Sue Halpern, The New Yorker
March 9, 2023

In 1987, Ms. magazine asked me to write about RU-486, a new medication that caused the uterus to expel a fertilized egg before it could gestate. It wasn’t a contraceptive, but it wasn’t what most people considered an abortion, either. At the time, anti-abortion campaigners were brandishing ultrasound images that purported to show fetuses crying out in pain as they were being surgically removed. RU-486, which was developed in France but not yet available in the United States, threatened to stymie this tactic: there would be no fetal development to flaunt. Even the president of the National Right to Life Committee acknowledged that there was little P.R. value in images of what appeared to be menstruating women. This disarming of the pro-life movement, and the drug’s seemingly benign effect, I wrote, “may serve to decimate the ranks of abortion foes.” Étienne-Émile Baulieu, the primary developer of RU-486, which is better known as mifepristone, was even more hopeful. With this drug, he declared, abortion “should more or less disappear as a concept, as a fact, as a word in the future.”

Continued: https://www.newyorker.com/news/daily-comment/the-latest-attack-on-the-abortion-pill-is-forty-years-in-the-making