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Morning Briefing

Summaries of health policy coverage from major news organizations

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Thursday, May 5 2022

Full Issue

Maternal Deaths May Rise At Least 20% In 26 States Poised To Outlaw Abortion

Poverty and access to health care could inflate those number even higher. Meanwhile, battles over abortion are already heating up in state capitals across the nation.

In the 26聽states poised to either restrict or outlaw abortions if Roe v. Wade is overturned this summer,聽the number of pregnancy-related maternal deaths聽could rise 20% or more, according to some calculations. Currently in the United States, about 700 women die each year either during pregnancy, during delivery or聽soon afterward, according to the Centers for Disease Control and Prevention. 鈥淒enying people abortions increases deaths because staying pregnant is more dangerous than having an abortion,鈥 said Amanda Stevenson, a sociology professor at the University of Colorado, Boulder. (Weise, 5/4)

Democrats in blue states are bracing for a wave of legal attacks and other maneuvers seeking to undermine access, and some are even taking steps to enshrine the right to abortion in their constitutions, making it much more difficult to impose a ban in the future. Republican states are expected to ban or restrict abortion, but tactics also could include an aggressive effort to go beyond their borders to sue abortion providers and find other ways to punish those who assist a woman in securing an abortion. (Whitehurst, Ramer and Kruesi, 5/4)

Last month, 26-year-old Lizelle Herrera was arrested in Texas and charged with murder over a self-induced abortion. A hospital had reported the abortion to law enforcement. But prosecutors later acknowledged she shouldn鈥檛 have been prosecuted and dropped the charge. 鈥淚n reviewing applicable Texas law, it is clear that Ms. Herrera cannot and should not be prosecuted for the allegation against her,鈥 Starr County District Attorney Gocha Allen Ramirez said in a news release. If the U.S. Supreme Court weakens or overturns the right to abortion as expected in the months ahead, health advocates warn that more people who manage their own abortions using U.S. Food and Drug Administration-approved medications, herbal remedies or other non-medical methods will be falsely arrested on charges of violating abortion bans, homicide laws and other criminal statutes. (Vestal, 5/4)

How states in the East and Southeast are reacting 鈥

As Republican-led states across the country move to codify abortion restrictions, the three Republican governors in New England vowed this week to protect abortion rights in their states. If the Supreme Court ultimately overturns Roe v. Wade, said Gov. Charlie Baker of Massachusetts, 鈥渋t would be a massive setback for women in states without responsible laws protecting abortion access and reproductive health services.鈥 Gov. Phil Scott of Vermont reaffirmed his support for an amendment to the State Constitution that would enshrine the right to an abortion. And Gov. Chris Sununu of New Hampshire said, 鈥淪o long as I am governor, these health care services for women will remain safe and legal.鈥 (Belman, 5/4)

The Rhode Island Supreme Court on Wednesday rejected a legal challenge to the Reproductive Privacy Act, the law Rhode Island enacted in 2019 to protect abortion rights in case the US Supreme Court overturned Roe v. Wade. The decision comes just two days after news broke that the US Supreme Court is poised to overturn the landmark 1973 decision that legalized abortion nationally. The Rhode Island Supreme Court rejected a legal challenge brought by Catholics for Life and others, claiming the Reproductive Privacy Act violated the Rhode Island Constitution. The attorney general office disagreed and defended the validity of the law. (Fitzpatrick, 5/4)

Amid intense focus on abortion rights, Maryland Gov. Larry Hogan (R) has decided to withhold the $3.5 million that state lawmakers designated for training new providers, his spokesman said. The decision effectively delays the state鈥檚 new abortion provider training program for a year and comes as the popular governor winds down his time in office and sharpens his national ambitions. (Cox, 5/4)

Stacey Abrams 鈥 one of the Democratic Party鈥檚 most notable fundraisers 鈥 has paused fundraising for her Georgia gubernatorial race to redirect funds to abortion rights groups after a draft Supreme Court opinion signaling the end to a constitutional right to abortion was made public. 鈥淭his moment demands action, so I will be blunt: The abomination of that leaked opinion is coming to find every one of us,鈥 Abrams said Wednesday in a campaign email. 鈥淲omen in Georgia and across this country. LGBTQ+ and disabled people. And particularly those of color or low-income. This is a terrifying time for our nation.鈥 (Scott, 5/4)

As abortion rights advocates across the country chewed over a leaked U.S. Supreme Court draft opinion that would strike down the 1973 landmark Roe v. Wade decision that legalized abortion, North Carolina Democrats emphasized the importance of the state government鈥檚 role in keeping abortion legal. At a press conference at the North Carolina General Assembly on Wednesday, North Carolina Democrats and abortion rights advocates stressed that the draft opinion is not yet in effect.聽Sen. Natalie Murdock (D-Durham), said the future of abortion 鈥渨ill begin in the States.鈥 (Thompson and Hoban, 5/5)

A controversial leak of a Supreme Court draft opinion on Roe v. Wade comes at a time when abortions are declining in Florida. The Agency for Health Care Administration recorded 79,811 abortions statewide last year, a 6.6% increase from 2020.But the pace this year is significantly slower. AHCA records show 16,623 abortions in 2022, which would be a 38% drop if the trend continued through the year. An overwhelming majority of the abortions in Florida are elective, according to ACHA records. That's immediately followed by abortions for social and economic reasons. (Brown, 5/4)

One woman was beheaded after her boyfriend tried unsuccessfully to give her an abortion, then dumped her body in a field. The remains of other women who died in botched abortions were tossed in a well, left by the side of a highway, ditched in a Louisville parking lot and abandoned in a La Grange聽motel room.聽As the U.S. Supreme Court appears poised to overturn Roe v. Wade 鈥 a leaked draft decision leaves its legality to individual states 鈥斅燭he Courier Journal examined what life was like for women in Kentucky in the 100 years before abortion was recognized as a constitutional right.聽(Wolfson, 5/4)

A Louisiana House committee voted Wednesday to make abortion a crime of homicide for which a woman ending her pregnancy could be charged, along with anyone helping her. The bill also declares that any federal law, regulation or court ruling that allows abortion is void and that any judge who blocks enforcement of the bill鈥檚 provisions could be impeached. (McGill, 5/4)

Reaction from the Midwest and western US 鈥

A lawsuit challenging Minnesota鈥檚 restrictions on abortions that was set to go to trial next month has been delayed indefinitely, under an order from the Minnesota Court of Appeals. The appeals court said late Tuesday that the lawsuit, filed by Gender Justice and other groups that support abortion rights, can鈥檛 proceed while the state鈥檚 appeal over which parties have legal standing to participate is pending. It鈥檚 not clear how long that appeal will take. (Karnowski, 5/4)

Wisconsin passed a law in 1849 making an abortion a felony offense. The law isn鈥檛 absolute, however. The language allows a woman to legally destroy her own fetus or embryo and grants immunity if an abortion is needed to save a woman鈥檚 life and is performed at a hospital. A 1985 law prohibits abortions performed after a fetus reaches viability, which is the point at which a child could viably survive outside of the womb. The law pre-dated a 1992 U.S. Supreme Court ruling that affirmed Roe v. Wade and established that women have a right to an abortion prior to viability, generally considered to be the 24th week of pregnancy. The 1985 law also includes an exception to save a woman鈥檚 life, but it appears to conflict with the 1849 ban since it allows abortions before the point of viability. (Richmond, 5/4)

Plans for a reproductive healthcare clinic that will offer abortion services to open in Casper next month are not affected by the leaked draft Supreme Court opinion indicating the justices may overturn Roe v. Wade. That's according to Julie Burkhart, the president of the company which is opening the clinic, Wellspring Health Access. Burkhart said the fact that the justices may overturn the right to abortion is more of a reason to fight for abortion access in Wyoming. "At the end of the day, we just felt like it was more important to keep forging ahead and then fight those battles if and when they appear," said Burkhart. (Kudelska, 5/4)

The high court鈥檚 draft opinion, which would strike down Roe, caused Utah politicians to begin reacting to the news and led to a large protest at the Utah Capitol on Tuesday evening. Salt Lake City Mayor Erin Mendenhall attended the protest and addressed about 1,000 supporters of reproductive rights from the Capitol steps. 鈥淚鈥檓 sad and I鈥檓 angry, but most of all I鈥檓 worried for the women of Salt Lake City and Utah who may soon have to leave the state to get a safe abortion,鈥 the Democratic mayor wrote on Twitter Tuesday night. 鈥淏ut, I鈥檓 proud to stand alongside the entire Salt Lake City Council to say we stand with women everywhere for our reproductive rights!鈥 (Parrott, 5/3)

Nevada will see an influx from other states of patients seeking abortions if the U.S. Supreme Court reverses Roe v. Wade, as a leaked draft opinion suggests, abortion advocates said Tuesday. Nevada is one of 14 states with protections to keep abortions legal, said Lindsey Harmon, executive director of Planned Parenthood Votes Nevada, the political arm of the organization which provides abortion services. 鈥淥ur right to abortion was statutorily protected through a referendum in 1990,鈥 she said. 鈥淓ven in a post-Roe world, the right to access abortion is still safe in the state of Nevada.鈥 (Hynes, 5/4)

From California 鈥

Gov. Gavin Newsom of California on Wednesday vowed to protect the right to abortion in the state he leads and issued an impassioned 鈥渨ake-up call鈥 to the Democratic Party about what he described as a coordinated Republican-led effort to erode more rights that many Americans have for decades assumed were settled, such as the right to interracial marriage. 鈥淒on鈥檛 think for a second this is where it鈥檚 going to stop,鈥 he said, speaking outside of a Planned Parenthood building in Los Angeles, flanked by women wearing pink shirts. 鈥淧ay attention, America. They鈥檙e coming for you next.鈥 (Cowan, 5/4)

Gov. Gavin Newsom on Wednesday blasted a potential U.S. Supreme Court ruling that would overturn federal abortion protections under Roe v. Wade and urged Americans to 鈥渨ake up.鈥 鈥淚t鈥檚 just a remarkable moment in American history,鈥 Newsom said, during an appearance in Los Angeles. 鈥淎t a time when countries around the world are expanding liberties, expanding freedoms, expanding rights, here we are in the United States of America about to roll back rights.鈥 (Mejia, 5/4)

California has a reputation as one of the nation鈥檚 liberal bulwarks 鈥 and already there鈥檚 talk that the state could become a refuge for women seeking abortions if the Supreme Court follows through on overturning Roe v. Wade. Still, residents鈥 opinions on whether the case should be overturned vary by geography and income, according to a survey conducted by the Public Policy Institute of California in July 2021. ... Statewide, 77% of respondents said the court should not overturn the precedent, while 21% said the justices should and 2% said they didn鈥檛 know. (Kost, 5/4)

If the U.S. Supreme Court overturns Roe V. Wade this summer, as a recently leaked draft opinion indicates it will, clinic shutdowns across the country could mean that California ends up being home to nearly 30% of all abortion clinics in the U.S., despite having just 12% of its population. The Chronicle examined data on nearly 800 clinics that were open and providing abortions in 2021. The data was collected by UCSF鈥檚 Advancing New Standards in Reproductive Health program, or ANSIRH. According to the Guttmacher Institute, a pro-choice policy organization, 26 U.S. states are likely or certain to pass near-total or total bans on abortion immediately if Roe is overturned. (Neilson, 5/4)

From Oklahoma and Texas 鈥

Abortion providers in Oklahoma said they are prepared for the law to take effect and have been helping women get appointments at clinics in neighboring states. 鈥淚 think something we realized in September (when the Texas law took effect) is that we are already living in a virtual post-Roe world in our region,鈥 said Dr. Iman Alsaden, the medical director of Planned Parenthood Great Plains, which operates clinics in Arkansas, Kansas, Missouri and Oklahoma. (Murphy, 5/4)

The colorful murals outside the storefront clinic a few miles from the Mexican border celebrated 鈥渄ignity, empowerment, compassion, justice.鈥 Inside, there was a reminder posted on the wall for anyone who had begun to doubt it: 鈥淎bortion Is Legal in Texas!鈥 A 28-year-old woman peered anxiously at the sign and gently caressed a necklace with an image of St. Jude, the patron saint of lost causes and hopeless situations. Her situation indeed felt difficult: three young children at home, a husband in prison, an unfinished college education. Another baby, she told herself, would send her struggling family straight over the edge. 鈥淚 never thought I would be here,鈥 said the woman, who before coming in had driven past a few anti-abortion protesters demonstrating outside and had to stop her car to throw up. (Sandoval, 5/4)

Since the six-week abortion ban was enacted, nearly 7,000 Texas residents still received an abortion in the state. If the Supreme Court overturns Roe vs. Wade, those thousands of women would have to travel to New Mexico or farther to terminate their pregnancy. Politico leaked a draft of a Supreme Court ruling that would overturn Roe vs. Wade, the court case that legalized abortion in all 50 states. If officially overturned, abortions occurring under any circumstance 鈥 other than threats to maternal life 聽鈥 would become illegal in Texas and several surrounding states.聽(Seline, 5/4)

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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