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Tuesday, Feb 7 2023

Full Issue

Judge Says Right To Abortion May Be Included In 13th Amendment

U.S. District Court judge Colleen Kollar-Kotelly said Monday that there may still be a constitutional right to abortion and that the relevant 13th Amendment link had been unexplored by the Supreme Court in the Dobbs ruling, which tackled the 14th Amendment. Other abortion news is from Iowa, Tennessee, Connecticut, and elsewhere.

A federal judge in Washington, D.C., suggested Monday that there may be a constitutional right to abortion baked into the 13th Amendment 鈥 an area she said went unexplored by the Supreme Court in its momentous decision last year overturning Roe v. Wade. In a pending criminal case against several anti-abortion activists, U.S. District Court Judge Colleen Kollar-Kotelly said the Supreme Court鈥檚 ruling in Dobbs v. Jackson Women鈥檚 Health Organization concluded only that the 14th Amendment included no right to abortion but stopped short of definitively ruling out other aspects of the Constitution that might apply. (Cheney and Gerstein, 2/6)

Kollar-Kotelly鈥檚 order told prosecutors and defense lawyers to file briefs by next month on the questions of whether the Supreme Court鈥檚 ruling only addresses the issue of whether abortion is not protected by the 14th Amendment, and if any other provision in the Constitution 鈥渃ould confer a right to abortion.鈥 Her order in Washington District Court could end up being an invitation to federal legal challenges on 13th Amendment grounds to state laws that sharply restricted access to abortion in some states after the high court鈥檚 controversial decision overturning its 1973 ruling in Roe v. Wade. (Mangan, 2/6)

In other news about abortion 鈥

A 1994 federal law that makes it a crime to intentionally damage property that provides 鈥渞eproductive health services鈥 has been used to prosecute people who try to trash abortion clinics. But the law has never been deployed in defense of abortion opponents 鈥 until now, with charges filed by President Biden鈥檚 Justice Department against two abortion-rights activists who spray-painted slogans on the walls of one of the thousands of anti-abortion facilities known as crisis pregnancy centers. (Egelko, 2/6)

Brushing aside calls to tweak one of the strictest abortion bans in the United States, Tennessee Gov. Bill Lee on Monday unveiled plans to funnel tens of millions of taxpayer dollars to anti-abortion centers as he declared the state had a 鈥渕oral obligation鈥 to support families. Lee, a Republican, said he wants to create a $100 million grant program for nonprofits commonly known as 鈥渃risis pregnancy centers.鈥 If approved, Tennessee would become one of the top spending states on such organizations known for dissuading people from getting an abortion. (Kruesi and Mattise, 2/7)

Iowa anti-abortion groups and some Republican lawmakers are starting the push for a 鈥渓ife at conception鈥 bill that would ban all abortion in Iowa. Maggie DeWitte, who heads the Coalition of Pro-Life Leaders, announced the effort Monday at a Prayer for Life anti-abortion rally at the Statehouse. She said while they鈥檙e waiting for a court decision on Iowa鈥檚 鈥渇etal heartbeat鈥 law, anti-abortion groups believe it鈥檚 the right time to start pushing for more restrictions. (Sostaric, 2/6)

When the U.S. Supreme Court overturned Roe v. Wade last summer, Laura Wight, a liberal here in conservative eastern New Mexico, saw one small silver lining. Although abortion was illegal 10 miles away in Texas, she figured it remained safe in this blue state. It hasn鈥檛 felt that way to her lately. On a recent afternoon, Wight was at a small rally in a strip mall parking lot, waving a giant pink flag that read 鈥淧RO-WOMEN, PRO-CHOICE鈥 at passing pickups. Other participants were collecting signatures in hopes of overturning an ordinance passed last month by the city commission aimed at keeping abortion 鈥 in pill or surgical form 鈥 out of Clovis. (Brulliard, 2/6)

After the Supreme Court overturned Roe v. Wade, many聽New England states聽looked to protect and expand abortion access. Connecticut took an early lead, opening an information hotline, enacting new legislation that provides legal protections, and increasing the number of abortion providers. (Srinivasan, 2/6)

Also 鈥

Low-income women in some cities are more likely than their wealthier counterparts to be targeted by Google ads promoting anti-abortion crisis pregnancy centers when they search for abortion care, researchers at the Tech Transparency Project have found. The research builds on previous findings detailing how Google directs users searching for abortion services to so-called crisis centers 鈥 organizations that have been known to pose as abortion clinics in an attempt to steer women away from accessing abortion care. (Noor, 2/7)

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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