Why Abortion in the U.S. Is on the Rise
Vox, March 20
To understand the evolving landscape for abortion in the United States, you have to consider two seemingly contradictory things. The first: The overturn of Roe v. Wade has led to unprecedented attacks on abortion, with nearly half of states banning or planning to ban the procedure since June 2022. Yet the second: The overall incidence of abortion has increased. In fact, according to new data published yesterday by the Guttmacher Institute, a reproductive health research group, there were more abortions in the formal U.S. health care system in 2023 than in any year since 2011. To get even more granular, there were approximately 1 million abortions last year, a 10 percent increase over the number from 2020. So what gives? How is this possible? The first underlying factor is that travel out of state for abortion has gone up, offsetting some of the newer restrictions in states with bans. More than 160,000 people crossed state lines to end pregnancies in 2023, per Guttmacher, almost double the number who did so in 2020. This isn’t to say the burden of state restrictions has been offset. “Even if people can travel, doing so comes with significant financial and logistical cost,” Isaac Maddow-Zimet, the lead researcher at Guttmacher, told me. “And it’s only been possible because there’s been a lot of support from folks like abortion funds, and we don’t know how sustainable that [funding] will be long-term.”
Online Orders Begin for First Over-the-Counter Birth Control Pill in the U.S.
CNN, March 18
The rollout is underway for Opill, the first over-the-counter birth control pill approved in the United States, and online sales began Monday morning. Consumers can start ordering Opill online Monday, and orders will be fulfilled within a day or two, Sara Young, senior vice president and chief consumer officer at Perrigo, said in an email. So far, the product will be available at Opill.com and Amazon. “Because privacy is important to Perrigo, Opill orders will be sent in plain, unbranded boxes,” Young wrote. Opill has a suggested retail price of $19.99 for a one-month supply, $49.99 for a three-month supply, and at Opill.com, a six-month supply will be available for $89.99. Earlier this month, the first shipments of Opill were sent to distributors, major drug stores and pharmacies – but as those shipments make their way through the distribution pipeline, it can take days to weeks before customers are able to get their hands on the product. That timeline includes shipments arriving at distribution sites and then being delivered to retailers, and then the retailers either packaging the product for online orders or placing it on store shelves. Some major retail pharmacies, such as CVS and Walgreens, have said they will offer Opill once they receive their shipments.
Refusing Emergency Contraception Is Sex Discrimination, Minnesota Appeals Court Says
Star Tribune, March 18
A pharmacist in Aitkin County engaged in sex discrimination when he refused to fill a woman’s prescription for emergency contraception because of his personal beliefs, the Minnesota Court of Appeals ruled Monday. It’s believed to be the first time a U.S. court found it was sex discrimination to refuse to fill a prescription for emergency contraception. Jess Braverman, legal director for Gender Justice, one of the groups that worked on the lawsuit, said the ruling could have national implications in the ongoing battle over reproductive rights. “Emergency contraception is time-sensitive medication. You have to be confident when you show up to get your medication that you are not going to be turned away for reasons that are not medical reasons,” Braverman said. The Appeals Court also found the jury was given incorrect instructions regarding how to determine whether the pharmacy was also liable for the pharmacist’s decision not to fill the prescription. The ruling sends the case back to district court for a new trial, but the defendants could ask the Minnesota Supreme Court to weigh in. The case dates to 2019, when Andrea Anderson tried to fill a prescription for an emergency contraceptive at Thrifty White, which is now McGregor Pharmacy. The lead pharmacist, George Badeaux, told Anderson his beliefs prohibited him from giving her the medication and at trial he testified he feared it would interfere with a pregnancy.
Nevada Judge Blocks State From Limiting Medicaid Coverage for Abortions
AP, March 19
A Nevada judge has struck down the state’s limits on Medicaid coverage for abortion services, saying the restrictions violate equal rights protections. Clark County District Judge Erika Ballou said Tuesday from the bench that she planned to issue a written order at a later date directing the state Department of Health and Human Services to grant Medicaid coverage for all abortions. Currently, Nevada’s Medicaid program only covers abortions for pregnancies that are life-threatening or result from rape or incest. The judge’s order would expand abortion access in Nevada, amid ongoing legal and political fights across the country over reproductive health since the U.S. Supreme Court overturned Roe v. Wade and stripped away federal abortion protections. Ballou, however, acknowledged that it’s likely her ruling will be appealed. A spokesperson for the Nevada attorney general’s office declined to comment on the ruling and whether the state plans to request a stay on the order amid an appeal.
A Democratic State Senator Needs an Abortion. She Told Her Colleagues About Arizona’s ‘Cruel’ Laws.
The 19th, March 19
Arizona’s anti-abortion laws impact women across the Grand Canyon State, and one Democratic state senator spoke out about how those laws have hurt her as she seeks to end an unviable pregnancy, urging GOP lawmakers to consider the harm caused by the restrictive laws they support. An emotional Sen. Eva Burch described, in a speech Monday on the Senate floor, the hoops she has had to jump through to secure an abortion, after finding out her pregnancy is not viable. Despite knowing for weeks that her pregnancy is likely to result in a miscarriage, the Democrat from Mesa has not yet received the care she needs. “I don’t think people should have to justify their abortions,” she said, her voice shaking. “But I’m choosing to talk about why I made this decision because I want us to have meaningful conversations about the reality of how the work that we do in this body impacts people in the real world.” Burch was forced to undergo a transvaginal ultrasound, hear a list of mandated recommendations from her provider – including advice to avail herself of foster care or adoption alternatives, despite the fact that her fetus has no chance of survival – and wait 24 hours before receiving an abortion. All of those requirements are mandated by state laws approved by GOP lawmakers.
ICYMI: In Case You Missed It
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