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Tuesday, May 21 2019

Full Issue

With The Attention Of The Nation On The Supreme Court, Justices Once Again Kick Can Down Road On Abortion

The Supreme Court has been deliberating for months over Indiana's fetal-disposal and genetic-disorder law, and Monday's silence marks the 14th time the court has deferred action, suggesting an unusual amount of internal wrangling. The move comes after a turbulent week in the states about the hot-button abortion issue. Other news on the topic comes out of Mississippi, Virginia, Kentucky, Georgia and Pennsylvania. Meanwhile, a chain of faith-based clinics sues HHS over its family planning rules.

The U.S. Supreme Court on Monday deferred acting on state efforts to put more restrictions on abortion, issuing a list of orders without mentioning two pending Indiana appeals. The appeals were on a list of cases the justices could have discussed at their private conference last week. In one, the state is seeking to bar abortions motivated by the risk of a genetic disorder and require clinics to bury or cremate fetal remains. In the other, Indiana aims to reinstate a requirement that an ultrasound be performed at least 18 hours before an abortion. The Supreme Court maneuvering comes amid an explosion in abortion debate. (Stohr, 5/20)

Inside Mississippi's only abortion clinic, administrator Shannon Brewer has been fielding phone calls from women who want to know whether they can still terminate a pregnancy if they think they might be more than a few weeks along. The confusion comes from a Mississippi law that's set to ban abortions after a fetus's heartbeat is detected: about six weeks into a pregnancy, before many women know they are pregnant. The clinic has sued to block it, and a judge was scheduled to hear arguments on the request Tuesday. (Pettus, 5/20)

A federal trial opened Monday with activists challenging four state laws that restrict abortion, including requirements that clinics meet stringent licensing standards, that patients get an ultrasound at least 24 hours before an abortion and that only doctors perform the procedure in the first trimester. Abortion is a relatively safe procedure for the woman, carrying less risk than a colonoscopy, plastic surgery or tonsillectomy, an expert witness testified for activists bringing the suit. Even some dental procedures pose greater danger. (Vozzella, 5/20)

A Kentucky abortion clinic is asking a federal appeals court to rehear an appeal in the case of a state law that requires doctors to perform ultrasounds and show fetal images to patients prior to abortions. A divided panel of the 6th U.S. Circuit Court of Appeals ruled last month that the 2017 law is constitutional, reversing a lower court judge. Attorneys for the American Civil Liberties Union, representing the Louisville abortion clinic, filed a petition Monday asking that the full appeals court hear the case. The petition cites a First Amendment issue of 鈥渆xceptional importance.鈥 (5/20)

Alabama's governor said Monday the new abortion ban she recently signed into law reflects the high value residents place on the "sanctity of life," adding she doesn't expect any fallout from the controversial measure on tourism or business recruitment. Gov. Kay Ivey last week approved the most stringent abortion law in the nation鈥 making performing an abortion a felony in nearly all cases unless necessary for the mother's health. The law provides no exception for rape and incest. (Chandler, 5/20)

In the days since this state鈥檚 Republican-controlled Legislature approved a near-total ban on abortion, the debate over abortion rights has taken a central role in the 2020 presidential race. Several Democratic presidential hopefuls have made abortion a central issue in the past week on the campaign trail, in policy platforms, cable television interviews, targeted digital ads, fundraising and outreach to supporters in a way that appears to be energizing the Democratic primary base. (Parti, 5/20)

Some women living in states that passed laws restricting or banning abortion are acting as though the procedure is already illegal, the president of Planned Parenthood Federation of America said on Monday, despite the fact the new laws haven鈥檛 yet gone into effect. 鈥淧atients are deeply worried,鈥 said Leana Wen, speaking at The Wall Street Journal鈥檚 Future of Everything Festival on Monday. She said some women were afraid of attending appointments and others had tried to move them up. 鈥淭hey are worried that abortion is already illegal and they have to take measures into their own hands,鈥 added Dr. Wen, a doctor who became president of the organization in November. (Ramey, 5/20)

Abortion-rights advocates ask why many Republicans who talk about saving fetuses also advocate cuts to safety-net programs that help low-income children and their families. For their part, many antiabortion advocates say that their stance of protecting life at all costs outweighs any other considerations. (Lubrano, 5/20)

A California chain of faith-based clinics is suing HHS, claiming it can't administer more than $5 million in federal family planning funds because current program rules infringe on its First Amendment rights. The complaint in U.S. District Court in Santa Ana, Calif., states the Obria Group has been put in an untenable situation because courts temporarily stayed new Trump administration rules for the Title X program that would have, among other things, barred providers in the program from offering or referring patients for abortions. Instead, Obria has to comply with existing standards that require recipients to offer contraception and counseling that includes discussing abortion. (Colliver, 5/20)

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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