USA – The anti-abortion movement’s next radical legal argument

If a law is blocked by a court, is it possible to break it?

By Rachel M. Cohen
Mar 20, 2023

Until very recently, nearly everyone accepted some basic ideas about the American legal system. If a state passes a law, and that law is challenged in court, we should act as if that law is still in effect while the case works its way through the court system. That changes only if a judge issues a “preliminary injunction” blocking the law while the lawsuit plays out or a “permanent injunction” to strike the law down. In that case, we all act as if the law is not in effect.

But in recent years, an aggressive wing of the anti-abortion movement has been working to challenge this broadly held idea of legality — a push that has attracted little notice, but is further complicating the debate over abortion access.

Continued: https://www.vox.com/policy/2023/3/20/23641072/walgrens-abortion-pregnancy-jonathan-mitchell-sb8


USA – The sole US supplier of a major abortion pill said it would not distribute the drug in 31 states

A list circulated in January by the distributor to Walgreens and CVS underscores the uncertainty surrounding abortion pills in the post-Roe era.

By Rachel M. Cohen
Updated Mar 17, 2023

Earlier this month, Politico broke news that Walgreens, the nation’s second-largest pharmacy chain, assured 21 Republican attorneys general that it would not dispense abortion pills in their states should the company be approved to dispense them. The decision was met with sharp protest by Walgreens customers, abortion rights activists, and Democrats, who accused the pharmacy of caving needlessly to pressure.

But fear of state prosecution is not the only factor shaping Walgreens’ decision-making. Another previously unreported constraint on the company is that its sole supplier of Mifeprex — the brand-name drug for the abortion pill mifepristone first approved by the Food and Drug Administration in 2000 — circulated a list to its corporate clients in January naming 31 states that it would not supply the abortion medication to. Vox spoke with two sources who had reviewed that list recently.

Continued: https://www.vox.com/policy/2023/3/15/23639267/walgreens-abortion-pill-mifepristone-mifeprex-misoprostol


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


USA – Why accurate data on abortions matters — and why it’s so hard to collect

Jasmine Mithani
February 27, 2023

Collecting abortion data has always been difficult: People are often unwilling to share their experiences with researchers, and the United States has no centralized count of abortions performed. Every state collects data differently, and some refuse to share it with federal researchers due to privacy concerns. Sometimes researchers have to estimate abortion incidence based on historical trends because up-to-date data isn’t available.

It’s a challenge with broad implications for information on reproductive health, one that has been compounded by the Supreme Court’s decision in Dobbs vs. Jackson Women’s Health Organization, which allowed states to ban abortion. Less accurate abortion data means less information to share with policymakers about the impacts of restrictions — but also spills over into many areas of public health.

Continued: https://19thnews.org/2023/02/abortion-data-rates-after-dobbs/


Here’s What States Are Doing to Abortion Rights in 2023

In the first full legislative session after Roe v. Wade was overturned, states across the country are looking to further restrict or better protect abortion rights. ProPublica looked at what abortion legislation is on the table in 2023.

by Megan Rose
Feb. 8, 2023

For 50 years, Roe v. Wade shut down the biggest ambitions of the anti-abortion movement. Last summer, the Supreme Court overturned that decision, unleashing a flurry of abortion legislation across the nation. And anti-abortion advocates have eager partners in Republican-controlled legislatures across the country.

“It’s exciting because our hands have been untied,” Carol Tobias, president of National Right to Life, said. “We’re going to see what we can do and do it.”

Continued: https://www.propublica.org/article/us-abortion-legislation-2023


USA – Abortion bans don’t prosecute pregnant people. That may be about to change.

Legislation in Oklahoma and remarks from the Alabama attorney general could foreshadow new efforts to punish people who induce their own abortions.

Shefali Luthra, Health Reporter
January 13, 2023

As state lawmakers weigh new restrictions on abortion, some Republicans are revisiting a longstanding taboo of not prosecuting pregnant people for seeking abortions in places where the procedure is banned, though the topic remains divisive among anti-abortion advocates.

State restrictions have so far fallen just shy of imposing criminal penalties on people who seek abortions, instead targeting physicians, health care providers and anyone else who might help someone get an abortion.

Continued: https://19thnews.org/2023/01/abortion-bans-pregnant-people-prosecution/


USA – Next frontier in the abortion wars: Your local CVS

The emerging strategy could further limit the Biden administration’s already limited policy.

By ALICE MIRANDA OLLSTEIN and LAUREN GARDNER, Politico
01/11/2023

Fresh off winning their decades-long battle to overturn Roe v. Wade, abortion-rights opponents are pinpointing their next targets: the nation’s biggest pharmacy chains.

Anti-abortion advocates are organizing pickets outside CVS and Walgreens in early February in at least eight cities, including Washington, D.C., in response to the companies’ plans to take advantage of the Food and Drug Administration’s decision last week allowing retail pharmacies to stock and dispense abortion pills in states where they’re legal.

Continued: https://www.politico.com/news/2023/01/11/pharmacies-anti-abortion-pills-00077349


What the data says about abortion in the U.S.

JANUARY 11, 2023
BY JEFF DIAMANT AND BESHEER MOHAMED, Pew Research Center

Pew Research Center has conducted many surveys about abortion over the years, providing a lens into Americans’ views on whether the procedure should be legal, among a host of other questions. In a Center survey conducted after the Supreme Court’s June 2022 decision to end the constitutional right to abortion, 62% of U.S. adults said the practice should be legal in all or most cases, while 36% said it should be illegal in all or most cases. Another survey showed that relatively few Americans take an absolutist view on the issue.

Here is a look at data on the number of legal abortions that take place in the United States each year – and other related measures – from the Centers for Disease Control and Prevention (CDC) and the Guttmacher Institute, which have tracked these patterns for several decades. The latest data from both organizations is from 2020 and therefore does not reflect the period after the Supreme Court’s recent decision.

Continued: https://www.pewresearch.org/fact-tank/2023/01/11/what-the-data-says-about-abortion-in-the-u-s-2/


6 months after end of Roe, Illinois abortion providers treat a ‘historic high’ number of out-of-state patients

Dec 27, 2022
Chris Sweda/Chicago Tribune/TNS

CHICAGO — Six months after the historic fall of Roe v. Wade, Illinois abortion providers say they’re seeing an unprecedented number of out-of-state patients — and they’re traveling from more states than ever before.

Before the U.S. Supreme Court’s June 24 decision to rescind federal abortion protections, Planned Parenthood of Illinois saw dozens of patients from other states every month. Now hundreds of patients are crossing state lines each month to have an abortion at one of Planned Parenthood’s 17 health centers across the state.

Continued: https://www.gmtoday.com/news/illinois/6-months-after-end-of-roe-illinois-abortion-providers-treat-a-historic-high-number-of/article_9d358896-85f8-11ed-ac24-e7f0c1a0ab27.html


USA – The Fight Over Abortion Is Far From Over. Here’s What Will Happen in 2023.

2023 is going to be a big year for anti-abortion policy: Anti-abortion activists could even harness a 19th-century law to curtail talking about abortion.

By Carter Sherman
December 26, 2022

If this is the year that Roe v. Wade fell, 2023 will be the year that kicks off what promises to be a years-long, state-by-state brawl between Americans who believe abortion is essential to freedom and Americans who believe the procedure is murder.

Come January, state legislatures across the country will open for business. Conservative lawmakers will try to narrow the last few avenues to abortion available in red states. Abortion rights activists, buoyed by their victories in the midterms, will push for more ballot measures. Many of these legislative and political showdowns will likely end up in the courts.

Continued: https://www.vice.com/en/article/pkg9p7/abortion