Morning Briefing
Summaries of health policy coverage from major news organizations
Federal Abortion Rules Versus State Bans Causing Legal Morass For Doctors
Doctors and hospitals are rushing to reconcile laws in their states barring abortion with a federal law that may require the procedure as part of emergency treatment. Since the Supreme Court overturned Roe v. Wade, laws have taken effect, or soon will, in several states that prohibit abortions except when necessary to save a pregnant women鈥檚 life. Yet under federal law, doctors and hospitals may need to perform the procedure in other medical emergencies, such as for women at risk of kidney failure from an infection. (Evans, 7/10)
Several states are doing battle over their state constitutions 鈥
In North Dakota this week, the only remaining abortion provider in the state challenged a ban on most abortions set to take effect later this month, arguing it violates provisions in the state鈥檚 constitution that protect life, safety and happiness. Other litigation is proceeding in more politically mixed states, such as Pennsylvania, Michigan and North Carolina, which all have pending cases that could create state constitutional protections for abortion. Courts could play a decisive roll in all three states, which have Democratic governors and Republican-led legislatures and have in recent years been unable to enact significant laws either protecting or restricting abortion. (Kusisto, 7/9)
A proposal to have voters decide whether to add a provision the Pennsylvania Constitution to say it does not guarantee any rights relating to abortion or public funding of abortions passed the Legislature on Friday and could be on the ballot next spring. The language was among five proposed Republican-written amendments that were approved by both the House and Senate after a pair of charged debates among state lawmakers who have promised their voters to fight for or against abortion rights. (Scolforo, 7/8)
In news from Iowa, Arizona, and Colorado 鈥
A 24-hour abortion waiting period is enforceable in Iowa as of Friday, according to the state attorney general. The law requires people seeking an abortion to get two separate appointments at least 24 hours apart. (Sostaric, 7/8)
An attorney with the Arizona attorney general鈥檚 office told a judge Friday that a 2021 state 鈥減ersonhood鈥 law that gives all legal rights to unborn children can鈥檛 be used to bring criminal charges against abortion providers. The comment from Assistant Solicitor General Kate Sawyer came during a hearing where attorneys from the American Civil Liberties Union of Arizona and an abortion rights group representing abortion providers were seeking an injunction blocking the law. (Christie, 7/8)
Colorado reproductive health clinics say the number of patients from outside of Colorado has in some cases doubled in the two weeks since Roe v. Wade was overturned, triggering abortion bans in other states, and a fund that provides financial help for people seeking to terminate a pregnancy has provided money to 71 people, more than twice the number served in all of 2021. (Flowers, 7/8)
In news from Texas 鈥
A pregnant Texas woman who was ticketed for driving in the HOV lane suggested that Roe v. Wade being overturned by the Supreme Court means that her fetus counted as a passenger and that she should not have been cited. (Bella, 7/10)