Ivette Gomez, Alina Salganicoff, and Laurie Sobel - KFF
Published: Feb 21, 2024
Abortions occurring at or after 21 weeks gestational age are rare. They are often difficult to obtain, as they are only available in a handful of states, performed by a small subset of abortion providers and are typically costly and time-intensive. Yet, these abortions receive a disproportionate share of attention in the news, policy and the law.
…This brief explains why individuals may seek abortions later in pregnancy, how often these procedures occur, and the various laws which regulate access to abortions later in pregnancy across the country.
If the president truly wants to protect reproductive rights, he’s going to have to do what he’s so far refused even to consider: expand the Supreme Court.
Feb 20, 2024
At a campaign rally in Manassas, Va., on the night that Donald Trump effectively locked up the Republican Party’s nomination by winning the New Hampshire primary, President Joe Biden and Vice President Kamala Harris kicked off their reelection campaign. They focused on a single issue: abortion rights. The two incumbents, and their spouses, gave speeches about the need to “restore Roe” and put the blame for its revocation squarely at Trump’s feet. “Let there be no mistake,” Biden said. “The person most responsible for taking away this freedom in America is Donald Trump. The reason women are being forced to travel across state lines for healthcare is Donald Trump…. The reason their fundamental right has been stripped away is Donald Trump.”
An Alabama court may have just ended IVF in the state—opening up the whole IVF process to politically-motivated legal scrutiny and penalty.
by JILL FILIPOVIC
The availability of in-vitro fertilization in Alabama may now be in question after the state’s Supreme Court ruled that embryos kept in clinic freezers are considered persons under the law, and protected by the state’s Wrongful Death of a Minor Act. It’s a shocking and jarring decision that radically extends the bounds of legal personhood, tosses any claims to originalism aside, and seems primed to make a variety of fertility treatments either extremely costly for patients, or extremely legally risky for clinicians.
If you want a sense of just how overtly theocratic the opposition to abortion and IVF are, I invite you to read the dissent in the Alabama decision, which was penned by the court’s chief justice and is a really really long argument that can be basically summed up as: “God said so.” So that’s who’s leading the court in Alabama.
IVF often produces more embryos than are needed or used.
The Alabama Supreme Court on Friday ruled that frozen embryos are "children," entitled to full personhood rights, and anyone who destroys them could be liable in a wrongful death case.
…"Human life cannot be wrongfully destroyed without incurring the wrath of a holy God, who views the destruction of His image as an affront to Himself," Chief Justice Tom Parker wrote. "Even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory."
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.
Few organizations track the number of disabled individuals trying to access abortion, but abortion providers and groups that help assist Texans obtain out-of-state abortions say they are falling through the cracks.
BY NEELAM BOHRA, Texas Tribune
FEB. 20, 2024
When disabled Texans used to visit abortion clinics, staffers would remember them. They may have needed in-clinic accommodations or American Sign Language Interpreters, and they appeared infrequently. Still, they came.
But more than a year since performing abortions became illegal in the state of Texas, disabled people have become a “missing population” at the clinics still providing abortions out of state, said Amy Hagstrom Miller, CEO of Whole Woman’s Health, an abortion provider.
Feb 19, 2024
By Andrea González-Ramírez, the Cut
Any day now, the Texas Supreme Court is expected to issue its ruling on Zurawski v. State of Texas, the first-of-its-kind legal challenge brought forward last year by 20 women who say that they were denied abortion care in the face of severe and dangerous pregnancy complications. The case seeks to clarify what circumstances qualify as medical emergencies under the state’s three overlapping abortion bans, which threaten providers with up to life in prison, in addition to a civil penalty of no less than $100,000.
Molly Duane, a senior staff attorney at the Center for Reproductive Rights, came up with the case’s legal strategy and has since filed similar lawsuits in Idaho and Tennessee. … “Brittany Watts, Kate Cox — these are not isolated incidents,” she says. “The cruelty, the confusion, the absolute terror that is pervasive throughout the medical community and is impacting patients every single day, all that was by design.” I talked to Duane about the reasoning behind this focus on medical exceptions and the long game that is trying to claw back some abortion rights through the courts.
From deep-red Arkansas and Missouri to purple Arizona and Nevada, activists are already competing with each other.
By MEGAN MESSERLY and ALICE MIRANDA OLLSTEIN
Abortion rights could be on the ballot in nearly a quarter of states this November, raising concerns among supporters about the ability to fund major campaign efforts in all of them.
From deep-red Arkansas and Missouri to purple Arizona and Nevada, activists are already competing with each other for a limited pool of cash and auditioning for the national progressive groups they need to fund their efforts to enshrine protections in state constitutions.
His supporters are seeking to attack abortion rights and abortion access from a variety of angles should he regain the White House, including using a long-dormant law from 1873.
By Lisa Lerer and Elizabeth Dias
Feb. 17, 2024
Allies of former President Donald J. Trump and officials who served in his administration are planning ways to restrict abortion rights if he returns to power that would go far beyond proposals for a national ban or the laws enacted in conservative states across the country.
Behind the scenes, specific anti-abortion plans being proposed by Mr. Trump’s allies are sweeping and legally sophisticated. Some of their proposals would rely on enforcing the Comstock Act, a long-dormant law from 1873, to criminalize the shipping of any materials used in an abortion — including abortion pills, which account for the majority of abortions in America.
Reproductive justice workers believe Biden is contributing to a maternal and reproductive health crisis in Gaza. They’re deeply frustrated with him and the big reproductive rights groups that are backing him.
By Alanna Vagianos
Feb 16, 2024
Joe Biden and Kamala Harris celebrated what would have been the 51st anniversary of Roe v. Wade in late January — their first campaign event of 2024. The “Restore Roe” rally in northern Virginia made it clear that the Biden/Harris ticket will center abortion rights in the reelection campaign. The theater was filled with the president’s supporters and leadership from national reproductive rights organizations who have endorsed him, including Planned Parenthood, the National Organization for Women and Reproductive Freedom for All.
Only a few minutes into Biden’s speech, several protesters interrupted, calling for a cease-fire in Israel’s U.S.-backed military operation in Gaza, which has killed more than 28,000 Palestinians and set off a maternal and reproductive health crisis.