How Hobby Lobby Could Be Trump’s Reproductive Rights Wrecking Ball

The 2014 Supreme Court ruling is even more consequential as we stare down the possibility of Trump’s reelection—and a revival of the Comstock Act.

Susan Rinkunas
March 25, 2024

When Justice Samuel Alito wrote the majority opinion in Hobby Lobby v. Burwell 10 years ago, he provided answers to questions that no one had asked—at least, officially. The plaintiffs, two businesses owned by Christians, objected to a mandate in the Affordable Care Act requiring health insurance providers to cover types of birth control known as emergency contraception, or E.C. Colloquially known as the “morning-after pill,” E.C. works after sex to prevent pregnancy by blocking sperm from fertilizing an egg or by preventing the release of an egg in the first place. But anti-abortion activists believe that morning-after pills and IUDs prevent implantation of a fertilized egg in the uterus, which they say is tantamount to an abortion.

Continued: https://newrepublic.com/article/179622/hobby-lobby-comstock-alito-contraception

The Zombie Law Trump Wants to Use to Ban Abortion Nationwide

Members of the former president’s inner circle are worried that he’ll blab about their plan to gut what remains of our reproductive freedoms.

Melissa Gira Grant
February 20, 2024

Donald Trump’s lawyer really, really hopes that Donald Trump doesn’t blow up their plan to ban abortion nationally by talking about it publicly before the election—at least according to the aforementioned Trump lawyer, speaking to The New York Times. Why Jonathan Mitchell, the conservative attorney from Texas, would boast in a national newspaper about a plan that he also supposedly hopes doesn’t become a campaign issue is unclear. Why he is using an open media channel to muse about what his client may or may not know is equally strange and confusing. But the headline here seems to be “Donald Trump backs a national abortion ban,” though possibly for reasons of which he’s yet to be apprised.

Continued: https://newrepublic.com/article/179137/trump-comstock-national-abortion-ban

Texas conservatives test how far they can extend abortion and gender-transition restrictions beyond state lines

Recent state and local legal maneuvers signal that Texas’ conservative movement could be wading into a complicated constitutional morass the country hasn’t dealt with since before the Civil War.

BY ELEANOR KLIBANOFF AND WILLIAM MELHADO
FEB. 9, 2024

In the months since Texas outlawed abortion and prohibited adolescents from receiving gender-transition care, women have flooded abortion clinics in nearby states and parents with transgender children have moved to places where puberty blockers and hormone therapy remain legal.

So now, Texas conservatives are testing the limits of their power beyond state lines.

Continued: https://www.texastribune.org/2024/02/09/texas-abortion-transgender-care-outside-state-borders/

Anti-Abortion Republicans Want Comstock Laws to be their Secret Weapon in 2024

In this op-ed, Rachael Klarman and Will Dobbs-Allsopp of Governing for Impact explain the threat posed to abortion rights by a little-known 19th century law, the Comstock Act.

BY RACHAEL KLARMAN AND WILL DOBBS-ALLSOPP
FEBRUARY 7, 2024

The 2024 presidential election is officially underway, yet the race’s gravest stake has received alarmingly little attention: Prominent conservatives have a plan for the next anti-choice president to ban abortion nationwide without an act of Congress—and it may well succeed.

Their secret weapon is the long-dormant Comstock Act, a 19th century law still on the books, which states that to ship, carry, or receive “any drug, medicine, article or thing designed, adapted, or intended for producing abortion” would be a federal crime. If your eyes are blinking in disbelief, we felt similarly when we first read the statute — though organizers and writers have been trying to draw attention to the threat for the past several months. Given the riotous state of American abortion politics, how can nationwide restrictions potentially already exist in federal law, yet receive so little mainstream attention?

Continued: https://www.teenvogue.com/story/comstock-abortion-secret-weapon-oped

‘Comstocked’: How Extremists Are Exploiting a Victorian-Era Law To Deny Abortion Access

The 1873 Comstock law prohibits the conveyance of anything used for “the procuring or producing of abortion.” One man believes it’s the gateway to a national abortion ban that even the bluest of states will not be able to evade.

10/25/2023
by SHOSHANNA EHRLICH

In June 2019, the all-male city council in Waskom, Texas, unanimously voted to make the tiny town of just 2,000 residents the nation’s first “sanctuary city for the unborn.” Characterizing fetuses as the “most innocent among us [who] deserve equal protection under the law,” the ordinance expressly bans abortion within its municipal boundaries. The man behind the ban, anti-abortion zealot and pastor Mark Lee Dickson, has since expanded his campaign to outlaw abortion “one city at a time” into at least six other states.

At first glance, this effort may appear superfluous in the wake of the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, which, in overturning Roe v. Wade, ended federal protection of abortion rights. In response to the decision, a growing number of states have enacted outright abortion bans or highly restrictive laws, while others have doubled down on a commitment to keeping abortion legal and accessible.

Continued: https://msmagazine.com/2023/10/25/comstock-abortion-access-sanctuary-cities/

“Keep her legs closed!”: Republicans are mad one of them said the quiet part out loud

Republicans definitely want to punish women for having sex — but they don't want voters to figure that out

By AMANDA MARCOTTE
OCTOBER 16, 2023

With just over a year to go until the 2024 elections, Republicans are beginning to realize that the abortion issue won't just go away. The GOP has faced a political quandary ever since Dobbs v. Jackson Women's Health, the 2022 Supreme Court decision that overturned Roe v. Wade, opened the door to abortion bans, which red states started to enact immediately. On one hand, abortion bans are wildly unpopular, and have only gotten more so as we hear horror stories about women being seriously injured or forced to carry dying babies to term. On the other hand, Republicans don't want to just give up on their long-standing dream of using forced childbirth to punish women for having sex.

To square this impossible circle, Republicans have relied on their favorite strategy: Relentless dishonesty. Lots of pseudo-compassionate noises about women's pain, while insisting that their sadistic impulses are "pro-life." They pretend to support hypothetical exceptions to abortion bans, which for the most part do not apply in actual reality. They make weak attempts to rebrand their agenda as "pro-baby." They feign support for contraception access while supporting organizations that actively work to demolish viable birth control.

Continued: https://www.salon.com/2023/10/16/keep-her-legs-closed-angry-that-one-of-them-said-the-quiet-part-out-loud/

16.10.2023

Opinion

Alliance Defending Freedom

Amanda Marcotte

anti-choice dishonesty

anti-choice misinformation

anti-choice misogyny

anti-choice punishment of women

Abortion opponents are trying to deter people from traveling out of state for care

Thousands of people have left states with abortion bans to access the procedure. Some opponents are targeting the people who help them.

Shefali Luthra
October 12, 2023

More than a year after the Supreme Court overturned Roe v. Wade, abortion is almost completely outlawed in 15 states. Yet the number of abortions done in the United States – notoriously difficult to calculate — has by some estimates fallen by only about 2,900 procedures per month since Roe fell.

Reproductive health researchers say the ability to travel to other states has played a major role in people’s continued ability to access abortions. Clinics in states such as Florida, Illinois, New Mexico, Kansas and Colorado — all close to states with near-total abortion bans — have reported major increases in the number of patients, with the majority often coming from out of state. In Florida, an estimate from the Society for Family Planning found that the number of abortions performed in-state increased by about 1,384 per month in the first nine months after Roe fell, a jump researchers and Florida clinicians alike attributed to more patients coming from out of state.

Continued: https://19thnews.org/2023/10/abortion-opponents-out-of-state-care/

12.10.2023

Society for FLaurie Sobel

Susan B. Anthony Pro-Life America

traveling for abortion

United States

Health

Human Rights

How Texas Plans to Trap Abortion Seekers

Anti-abortion activists and elected officials hope to keep abortion seekers walled in within the borders of their home states.

9/13/2023
by SHOSHANNA EHRLICH, Ms. Magazine

In 1991, Kathrin K. and her husband were stopped by German border guards as they crossed back into the country on their way home from neighboring Holland on the suspicion they were carrying illegal drugs. Instead of drugs, however, the guards found “incriminating evidence”—specifically, a plastic bag containing a nightgown, sanitary pad and towels. These items suggested that Kathrin had crossed the border into Holland to obtain an abortion—a crime under German law, even if legal where performed. She was transported to a nearby hospital and subjected to a degrading forced vaginal exam.

It is difficult for me to imagine a day when guards are stationed at the Texas-New Mexico border, or along travel routes leading from an abortion ban state into a protective one, with the power to detain those transporting pregnant persons suspected of seeking cross-border abortion services. And yet, on my more cynical or despairing days, I wonder, given the latest plan by Mark Lee Dickson, a pastor at Sovereign Love Church in East Texas, aimed at halting so-called abortion trafficking, if this dystopic vision of intrastate abortion border guards might someday become a reality.

Continued: https://msmagazine.com/2023/09/13/texas-abortion-travel-ban-sanctuary-city/

Anti-choice states aren’t satisfied. Now they want to punish traveling for abortions

A husband who doesn’t want his wife to get an abortion could sue the friend who offered to drive her, according to this legislation’s own architect

Moira Donegan
Tue 12 Sep 2023

How free can any woman be in a country where her right to control her body and family depends on the jurisdiction where she happens to live? Republicans are looking to find out. Over the past few weeks, as Republican officials in anti-choice states seek to make their abortion bans enforceable and compel women into childbirth, a new front has opened up in the abortion wars: roads. The anti-choice movement, through a series of inventive legal theories and cynical legislative maneuvers, is now attacking women’s right to travel.

In a court filing last month, the Alabama attorney general, Steve Marshall, wrote that he believed his office had a right to prosecute those who help women travel across state lines in search of an abortion. The filing comes in a lawsuit from two women’s health clinics and an abortion fund, which sued Marshall after he publicly stated his intention to criminally investigate organizations like theirs, which provide financial and logistical help to pregnant patients seeking to leave the state. In his response, Marshall unequivocally stated that Alabama, which bans all abortions with no rape or incest exemption, views any effort to help women cross state lines as a “criminal conspiracy”.

Continued: https://www.theguardian.com/commentisfree/2023/sep/12/anti-choice-states-arent-satisfied-now-they-want-to-punish-traveling-for-abortions

12.09.2023

traveling for abortion

Blue-state doctors launch abortion pill pipeline into states with bans

by Caroline Kitchener, The Washington Post
July 23, 2023

The doctor starts each day with a list of addresses and a label maker.

Sitting in her basement in New York's Hudson Valley, next to her grown children's old bunk beds, she reviews the list of towns and cities she'll be mailing to that day: Baton Rouge, Tucson, Houston.

A month ago, a phone call was the only thing the doctor could offer to women in states with abortion bans who faced unexpected pregnancies. Hamstrung by the laws, she could only coach them through the process of taking abortion pills they received from overseas suppliers.

Continued: https://www.texarkanagazette.com/news/2023/jul/23/blue-state-doctors-launch-abortion-pill-pipeline/