Supreme Court Seems Skeptical Anti-abortion Doctors Can Challenge Abortion Drug Mifepristone
The 19th, March 26
In the first abortion-related case before the Supreme Court since its 2022 decision to overturn Roe v. Wade, a majority of the justices appeared to express skepticism that a coalition of anti-abortion doctors had the right to challenge the Food and Drug Administration’s 2016 and 2021 decisions to expand access to mifepristone, a drug used for medication abortion. “What emerged from that oral argument is that standing is top of mind. There were very, very few questions that went to the merits of the claims,” said Elizabeth Sepper, a professor at the University of Texas Law School who specializes in health law, and who listened to the justices deliberate but is not involved in the litigation. Lawyers for the FDA and drug manufacturer Danco argued that a group of doctors known as the Alliance for Hippocratic Medicine did not have standing to challenge the agency’s decisions because they were unlikely to have been harmed by changes in 2016 and 2021 that expanded access to mifepristone – an argument that appeared to resonate with both the court’s conservative majority and liberal minority.
How Hobby Lobby Could Be Trump’s Reproductive Rights Wrecking Ball
The New Republic, March 25
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…Now that Roe v. Wade is gone, Alito’s opinion could become an even bigger gift to the anti-abortion movement than it was a decade ago, said Melissa Murray, a law professor at the New York University School of Law. “Post-Dobbs, the question surrounding some of these forms of contraception is whether, in fact, they can be reclassified or re-characterized as abortifacients. And then the question isn’t about contraception, it’s about abortion,” Murray said. “Hobby Lobby laid the foundation for it.”
Homicide Is a Leading Cause of Death for Pregnant People. Abortion Bans Are Making Things Worse.
Slate, March 22
When Julianne McShane wanted to report on how some of the most vulnerable women in the United States were dealing with the Supreme Court’s decision to overturn Roe v. Wade, she knew exactly where she needed to go: Tulsa, Oklahoma. Oklahoma is where two realities collide. It is one of 16 states that have banned abortion almost entirely. “And it has some of the highest rates of intimate partner violence nationwide,” McShane said. “People might not realize how dangerous it is to be pregnant in the context of an abusive relationship, and abortion restrictions, obviously, just make that even more difficult.” McShane wanted to quantify how difficult things were becoming for women in Oklahoma. So, she met up with a domestic violence advocate named Heather Williams. Williams is not exactly a social justice warrior. She’s a former cop. But she told McShane this story about how abortion restrictions have upended her world. Back in the summer, she was called to a local hospital to counsel a woman who had requested a rape kit. She does this frequently; she holds the victim’s hand and tells them what’s going to happen next.
Number of Black Women Who Say They are Scared of Having Children Rises
The Hill, March 25
Nearly two years after the Supreme Court overturned the constitutional right to an abortion, Black women are increasingly worried about the impact on pregnancy and birth. Nearly 40 percent of Black women of reproductive age said they feel less safe and think about the risk of death if they become pregnant in the new poll from In Our Own Voice: National Black Women’s Reproductive Justice Agenda with PerryUndem, published Monday. Among people living in restrictive states, 1 in 3 said they have thought about the risk of being arrested due to something related to pregnancy. “We need life-saving and life-enhancing policies in place that support our reproductive health decisions,” said Regina Davis Moss, president and CEO of In Our Own Voice. “If and when we do choose to have families, we need policies in place that allow us to do that in safe and sustainable environments.” The fear is not unfounded. Studies show Black people who give birth are three to four times more likely to die from pregnancy-related causes than their white counterparts, while Black infants are two times more likely to die within their first year than white infants. Reasons for the disparities are nuanced, but many point to systemic racism in the health care system that dismisses Black women’s symptoms.
Medication Abortion Belongs on College Campuses. Schools Need to Step Up.
Rewire News Group, March 25
Since my graduation from George Washington University last May, a campus movement has gained steam: a student-driven campaign demanding the university administration provide medication abortion access on campus. The students have prompted the question: What responsibility do universities bear in providing medication abortion access to their student bodies? The answer is clear–a significant amount…University health centers are uniquely positioned to reshape the abortion access landscape across the country. Many student health plans cover abortion to some degree, and because people don’t always attend college locally, any student health center would undoubtedly be serving people from states where abortion is severely restricted or banned. Following the June 2022 Dobbs v. Jackson Women’s Health Organization decision, which functionally overturned Roe v. Wade, states with little to no abortion restrictions have an even greater responsibility to increase abortion access, and that duty extends to university health centers. As an increasing number of people are forced to cross state lines to receive abortion care, access points are overwhelmed, with some having weeklong waitlists. If universities could alleviate the burden on clinics by providing abortion pills, more people would be able to access abortion both within a given state or outside of it.
ICYMI: In Case You Missed It
.@jocelyncfrye: im really tired of coming to these rallies and asking like I’m asking them to do something special. I want this court be the court it’s supposed to be. This is our court. pic.twitter.com/KqTK0mTRoC
— National Partnership (@NPWF) March 26, 2024
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Note: The information contained in this publication reflects media coverage of women’s health issues and does not necessarily reflect the views of the National Partnership for Women & Families.
