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Wednesday, May 15 2019

Full Issue

In Move Designed To Challenge Roe V. Wade, Alabama Legislature Passes Ban On Abortion, Criminalizes Procedure

Although Gov. Kay Ivey (R-Ala.) has not publicly committed to signing the legislation, Republican lawmakers expect her support. Backers of the legislation expect that a lower court will block the measure that bans abortions at every stage of pregnancy. But it was drafted with a legal challenge in mind. News on abortion also comes out of Georgia, Pennsylvania, Michigan, Missouri and Virginia.

The Alabama Senate approved a measure on Tuesday that would outlaw almost all abortions in the state, setting up a direct challenge to Roe v. Wade, the case that recognized a woman鈥檚 constitutional right to end a pregnancy. The legislation bans abortions at every stage of pregnancy and criminalizes the procedure for doctors, who could be charged with felonies and face up to 99 years in prison. It includes an exception for cases when the mother鈥檚 life is at serious risk, but not for cases of rape or incest 鈥 a subject of fierce debate among lawmakers in recent days. (Williams and Blinder, 5/14)

鈥淵ou just aborted and you raped the state of Alabama,鈥 Sen. Minority Leader Bobby Singleton railed at his Republican colleagues after the vote against the amendment. 鈥淎ll of you should be put in jail for this abortion that you just laid on the state of Alabama. This is just a shame. This is a disgrace. It is a travesty.鈥 In an extraordinary protest against the vote on the amendment, Singleton vowed that Democrats would stay up through the night to filibuster the bill. (Jarvie, 5/14)

Ivey has not said whether she'll sign the bill. Sponsor Rep. Terri Collins says she expects the governor to support the ban. And the lopsided vote suggests a veto could be easily overcome. But an Ivey spokeswoman said before Tuesday's vote that "the governor intends to withhold comment until she has had a chance to thoroughly review the final version of the bill that passed." In Alabama and other conservative states, anti-abortion politicians and activists emboldened by the addition of conservative justices to the U.S. Supreme Court hope to ignite legal fights and eventually overturn the landmark 1973 decision Roe v. Wade, putting an end to the constitutional right to abortion. (Chandler, 5/15)

鈥淭his bill is about challenging Roe v. Wade and protecting the lives of the unborn because an unborn baby is a person who deserves love and protection,鈥 Alabama state Rep. Terri Collins (R), the sponsor of the bill, said after the vote Tuesday night. 鈥淚 have prayed my way through this bill. This is the way we get where we want to get eventually.鈥 (Wax-Thibodeaux and Brownlee, 5/14)

Abortion rights groups said they will immediately mount a legal challenge to the measure, contending it violates the landmark 1973 Roe ruling guaranteeing a woman鈥檚 right to an abortion until a fetus is viable. 鈥淧oliticians in Alabama just passed the most extreme and dangerous policy since Roe v. Wade,鈥 said Leana Wen, president of Planned Parenthood Action Fund. 鈥淒octors and public health leaders agree: the cost will be women鈥檚 lives. 鈥 Politicians who say they value life should advocate for policies to solve the public health crises that are killing women, not dismantle what little access to health care Alabamians have left.鈥 (Goldberg, 5/14)

It highlights growing efforts by abortion opponents to try to challenge the legality of abortion more directly instead of pursuing incremental measures that erect regulatory and other hurdles. The new approach has gained steam in the wake of President Trump鈥檚 appointment of conservative Justice Brett Kavanaugh to the Supreme Court. (Campo-Flores, 5/15)

Georgia Gov. Brian Kemp has postponed a trip to Los Angeles next week amid mounting criticism over the state鈥檚 controversial abortion bill that he signed into law last week. But Kemp has plans for a later visit. 鈥淲e have confirmed a date to go out to L.A. this fall,鈥 Kemp鈥檚 spokesman, Cody Hall, said in a statement to The Times on Tuesday. At next week鈥檚 visit in L.A., Kemp had planned to tout his state鈥檚 ties to Hollywood productions. (Saad, 5/14)

The Pennsylvania House of Representatives is launching another effort to outlaw abortions because of a prenatal diagnosis of Down syndrome, passing legislation Tuesday that faces a veto by Democratic Gov. Tom Wolf, if it even reaches his desk. The vote comes amid a wave of abortion restrictions advancing in more conservative states, setting them on a course to virtually eliminate abortion access in parts of the Midwest and Deep South, in hopes that a more conservative U.S. Supreme Court will approve. (Levy, 5/14)

Michigan's Republican-led Legislature voted Tuesday to ban a common second-trimester abortion procedure, pushing ahead with legislation Democratic Gov. Gretchen Whitmer said she would veto. The bills would prohibit physicians from performing abortion by dilation and evacuation except to save a woman's life. Anti-abortion advocates refer to the procedure by the non-medical term "dismemberment abortion." (5/14)

The GOP-led Legislature's straight party line votes on Tuesday to ban an abortion procedure performed in the second trimester, sets up a promised veto from Gov. Gretchen Whitmer 鈥斅燼nd an expected ballot proposal to get around the governor's move from Michigan Right to Life. Republicans in the state Senate and House of Representatives passed the bills seeking to criminalize the dilation and evacuation procedure amid a national trend of GOP-led legislatures trying to restrict access to abortion as the U.S. Supreme Court grows more conservative. (Egan, 5/14)

Missouri鈥檚 Republican-led Senate is set to take up a bill to ban abortions after eight weeks, a move that comes as GOP legislatures across the U.S. are emboldened by the possibility that a more conservative Supreme Court could overturn its landmark ruling legalizing the procedure. The Missouri bill would be one of the nation鈥檚 most restrictive if enacted. It鈥檚 similar to 鈥渉eartbeat鈥 bills signed into law in Mississippi, Kentucky, Ohio and Georgia that ban abortion once a fetal heartbeat is detected. That can occur in about the sixth week of pregnancy. (Ballentine, 5/15)

A federal judge has rescinded his own ruling that struck down a Virginia law that said only physicians may perform first-trimester abortions. U.S. District Court Henry Hudson last week found that the law was 鈥渦nduly burdensome鈥 to women seeking abortions. Hudson鈥檚 ruling came ahead of a trial scheduled to begin next week in a lawsuit challenging Virginia abortion laws. (5/14)

The Alabama Senate tonight approved a bill that would create the nation鈥檚 strictest abortion ban, the latest attempt to prompt the Supreme Court to reconsider Roe v. Wade. The bill, which would make performing virtually all abortions a crime, has passed the state House and Senate and now goes to the governor for signature to become a law. (Keating, Tierney, Meko and Rindler, 5/14)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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