USA – The Supreme Court Could Gut Access to Birth Control This Year

By Susan Rinkunas
January 27, 2025

With Donald Trump back in the White House, access to contraception is, sadly, not something that people can bank on anymore — whether they know it or not. This issue didn’t get much airtime during the chaotic 2024 campaign, but birth control has been in conservatives’ crosshairs for years. And while Trump’s administration will undoubtedly attack it, he’ll likely have additional help from his appointees to the Supreme Court.

On Jan. 10, the justices agreed to hear a case, Braidwood v. Becerra, that threatens the Affordable Care Act’s insurance coverage of preventive care. A group of conservative Texas employers who object to paying for birth control and pre-exposure prophylaxis for HIV argue that the Affordable Care Act can’t require preventive services be covered without costs like copays because the panels that determine coverage are unconstitutional.

Continued: https://www.democracydocket.com/opinion/the-supreme-court-could-gut-access-to-birth-control-this-year/

Reading the Warning Signs: How Trump’s Administration Could Crack Down on Abortion

Trump’s boasts about returning control over abortion to the states may well prove to be a stopgap measure en route to a blanket ban.

Jan 8, 2025
by Shoshanna Ehrlich

During the presidential campaign, Trump forcefully avowed he did not support a national abortion ban—a position consistent with two-thirds of the electorate—gloating instead that he was responsible for sending the issue back to the states where it belongs. He also distanced himself from the “virally unpopular” Project 2025—the far-right playbook for the next conservative administration.

However, warning signs suggest that Trump may have been pandering to the electorate on both scores. Notably, when his remarks on the campaign trail about a national ban are considered alongside his existing ties to Project 2025, his boast about returning control over abortion to the states may well prove to have been stopgap measure en route to a blanket ban … although perhaps by way of a back-channel strategy.

Continued: https://msmagazine.com/2025/01/08/trump-administration-doj-bondi-abortion-pill-comstock-act-mifepristone/

USA – Project 2025 and Vance agree: “The Dobbs decision is just the beginning.”

Shawn Musgrave
July 17 2024

DONALD TRUMP HAS tried to distance himself from Project 2025, the conservative playbook for a new Trump administration penned by dozens of right-wing organizations — and especially its hard-line anti-abortion proposals.

In the lead-up to the Republican convention, many credulously lauded Trump for “softening” or “moderating” the GOP platform on the issue, despite the fact that the platform proposes fetuses and embryos already have full constitutional rights.

Continued: https://theintercept.com/2024/07/17/jd-vance-trump-project-2025/

USA – The Supreme Court’s Abortion Pill Ruling Should Satisfy Nobody

BY DAHLIA LITHWICK AND MARK JOSEPH STERN
JUNE 13, 2024

On Thursday, the Supreme Court did the bare minimum necessary to operate like an actual court of law, unanimously throwing out an absurd and dangerous lawsuit against medication abortion. The justices do not deserve extra credit for refusing to embrace this deeply unserious litigation, and they should earn no gold stars for maintaining the legal status quo on abortion pills. They merely acted as minimally responsible adults in a room of sugared-up preschoolers, shutting down the lower courts’ lawless rampage over all known rules of standing in desperate pursuit of an anti-abortion agenda. It is chilling to the bone that activist lawyers and judges were able to wreak as much havoc as they did before SCOTUS put them in timeout.

And this bad joke of a case isn’t even over: A lower court has already teed up a do-over that could once again jeopardize access to reproductive care in all 50 states. Don’t call this decision a victory. It is at best a reprieve—an election-year performance of Supreme Court unanimity and sobriety that masks the damage the conservative supermajority has already inflicted, as well as the threats to reproductive freedom that lie ahead.

Continued: https://slate.com/news-and-politics/2024/06/supreme-court-abortion-pill-ruling-2024-comstock-threat.html

13.06.2024

FDA v. Alliance for Hippocratic Medicine

U.S states are already collecting more abortion data. And HIPAA won’t always keep it private.

BY: KELCIE MOSELEY-MORRIS
JUNE 1, 2024

Years before the Dobbs decision that struck down U.S. constitutional abortion rights, providers like Dr. Kylie Cooper were already uncomfortable with some of the reporting requirements for abortion procedures in states where they practiced.

Cooper was a maternal-fetal medicine specialist for several years in Idaho before she reluctantly left the state in 2023 because of the near-total abortion ban that is now in place. But when abortion was still legal, she was required to fill out a form and submit it to the state with information about the patient and the procedure, including the physician’s name and when it occurred. While the law said that the information would be aggregated and could not identify individual patients, Cooper never felt sure about how it would be used or how secure the data would be kept.

Continued: https://iowacapitaldispatch.com/2024/06/01/states-are-already-collecting-more-abortion-data-and-hipaa-wont-always-keep-it-private/

How American Women Could Lose the Right to Birth Control

BY JILL FILIPOVIC
MAY 20, 2024

When the U.S. Supreme Court issued its 1965 ruling in Griswold v. Connecticut and legalized the use of contraception by married women, the public response was muted. There is little evidence of an uproar on the pages of major newspapers or magazines. Even bringing the case was a challenge for reproductive-rights activists, who had tried and failed twice before to challenge Connecticut’s anti-obscenity law, which (fun fact) was introduced by P. T. Barnum in 1879 and (less fun) banned “any drug, medicinal article or instrument for the purpose of preventing conception.” By the 1960s, laws criminalizing contraception often went unenforced, which posed a problem for activists looking to challenge them. Without contraception-seeking patients who had actually been arrested, the Supreme Court said, there was no one with the standing to sue.

Continued: https://time.com/6977434/birth-control-contraception-access-griswold-threat/

USA – The Insidious Legal Movement to Make Pregnant Women Second-Class Citizens Is Growing

And the Supreme Court may only fuel it.

BY JILL FILIPOVIC
MAY 13, 2024

Should the very state of being pregnant place women in a subclass of citizen, vulnerable to criminal prosecution or civil penalties for behavior that would be perfectly legal from a nonpregnant person? Judging by their proposed legislation and various legal antics, the anti-abortion movement says: Yes. Pregnant women simply should not have the same rights as any other U.S. citizen.

Take, for example, efforts to criminalize the crossing of state lines for abortion. There is a very, very long tradition in the U.S. of allowing people to travel out of state to access medical care, and it’s so deeply ingrained we barely think about it.

Continued: https://slate.com/news-and-politics/2024/05/abortion-pregnancy-law-emtala-scotus-medical-care.html

13.05.2024

Opinion

Emergency Medical Treatment and Labor Act

Jill Filipovic

Jonathan Mitchell

women as second-class citizens

Abortion Bans Are Empowering Abusive Men—and Prominent ‘Pro-Life’ Activists Are Representing Them

Murder is a leading cause of death for pregnant women. The anti-abortion movement wants to hand more power to abusive men anyway.

May 8, 2024
by JILL FILIPOVIC

The way abortions bans are designed and written allow for all kinds of horrors: women losing their organs, women bleeding out without help, women losing their lives. But they’re also written to empower abusive men. After all, the very foundation of an abortion ban is an assumption that a woman’s body does not belong to her. Abusive men agree. And so it’s perhaps not a huge surprise that several men have indeed taken advantage of these laws in an effort to control their ex partners. And it’s also not particularly surprising—although it is appalling—that they’ve found support and legal representation from some of the most powerful people in the U.S. anti-abortion movement.

Continued: https://msmagazine.com/2024/05/08/abortion-bans-violence-against-women-ex-boyfriend-husband-abuse/

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