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Morning Briefing

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Tuesday, Sep 7 2021

Full Issue

Justice Department 'Urgently' Exploring Challenges To Texas Abortion Ban

Attorney General Merrick Garland said his agency will enforce a federal law that prohibits threatening or physically preventing a person from seeking an abortion. He did not specify what other measures the Justice Department is considering in response to the Supreme Court allowing Texas' "heartbeat" law to stand.

U.S. Attorney General Merrick Garland said Monday the Department of Justice is 鈥渦rgently鈥 exploring ways to challenge Texas鈥 strict new abortion law, but did not specify what options were being considered. Garland鈥檚 statement in a press release comes days after the U.S. Supreme Court denied Texas abortion providers an emergency injunction against the new law banning abortions after fetal cardiac activity can be detected, which can occur as early as six weeks into pregnancy, when many don鈥檛 know they are pregnant. The Supreme Court stated it was not ruling on the constitutionality of the law but was refusing to block it at this point. (Bohra, 9/6)

The Justice Department said Monday that it will not tolerate violence against anyone who is trying to obtain an abortion in Texas as federal officials explore options to challenge a new state law that bans most abortions. Attorney General Merrick Garland said the Justice Department would 鈥減rotect those seeking to obtain or provide reproductive health services鈥 under a federal law known as the Freedom of Access to Clinic Entrances Act. (9/6)

Officials have reached out to federal prosecutors and Federal Bureau of Investigation field offices across Texas to discuss how to enforce the federal law, known as the 1994 Freedom of Access to Clinic Entrances Act, he said. 鈥淭he department will provide support from federal law enforcement when an abortion clinic or reproductive health center is under attack,鈥 Mr. Garland said. (Gurman and Collins, 9/6)

Also 鈥

Lyft and Uber will cover all legal fees for drivers sued under a new Texas law that imposed a ban on abortions after six weeks. The law is one of the most restrictive abortion bans in the U.S., and prohibits the practice after a fetal heartbeat is detected 鈥 before many people know they are pregnant, Axios' Oriana Gonzalez writes. (Frazier, 9/3)

After a Texas law restricting abortion went into effect Wednesday, an antiabortion organization had hoped to out those involved in unlawful procedures by collecting anonymous tips online. But Texas Right to Life鈥檚 website, ProLifeWhistleblower.com, which invited people to inform on those obtaining or facilitating abortions, has not stayed up for long, as website registration providers have said the online form to submit 鈥渨histleblower鈥 reports violates their rules. On Monday, the organization confirmed that the website redirects to its main page as it seeks to find a new digital home for the form. (Kornfield, 9/6)

Defense attorneys say there鈥檚 a history of criminal convictions over abortion, miscarriage and stillbirth that will be exacerbated if Roe v. Wade is overturned. (Rodriguez, 9/2)

Once S.B. 8 took effect on Wednesday, the law dominated conversations on social media, as many finally seemed to realize that this is the strictest antiabortion law to take effect since Roe v. Wade. Major media organizations amped up their coverage; President Biden condemned the law, after saying little about abortion through the first eight months of his presidency. Big protests were expected in Austin, though those saw smaller crowds than anticipated. Still, [Dr. Joe] Nelson and other abortion advocates are happy to see the country focused on this law. Many are just wondering why it took so long.

Joe Biden wants to marshal the full power of the federal government to fight back against a ban on most abortions in Texas. But the president鈥檚 efforts may end the same way as so many other elements of his ambitious agenda: with success proving elusive. The White House is heavily reliant on Congress for action to preserve abortion rights, just as he is on voting protections, gun safety and virtually every other domestic policy goal. But with razor-thin Democratic majorities and the need for 60 votes to pass relevant legislation in the Senate, Biden鈥檚 opportunities for meaningful victories are dimming. (Kumar and Cadelago, 9/7)

If it鈥檚 personal, it certainly isn鈥檛 private. It is a debate in full public view, a collision of religion and politics never seen in the American presidency 鈥 with a clash between his stance on abortion and church dogma now unavoidable. The Supreme Court鈥檚 decision this week to allow a highly restrictive Texas abortion law to take effect 鈥 and [President] Biden鈥檚 public statement that the law 鈥渂latantly violates the constitutional right established under Roe v. Wade鈥 鈥 has put the country鈥檚 most polarizing social issue once again at the center of American politics. Biden may soon find that the line he鈥檚 walked over four decades of public life 鈥 as a politician of ostentatious faithfulness who also insists his faith is a private matter 鈥 is no longer available to him. (Cramer, 9/5)

KHN: Telemedicine Abortions Offer Cheaper Options But May Also Undermine Critical Clinics

A change in FDA rules during the pandemic has let women receive the drugs needed for a medical abortion by mail after a telemedicine appointment. While some abortion rights advocates hail the move, others note that these services, which are often cheaper than going to a clinic, could siphon away patients needed to keep those brick-and-mortar facilities operating. (Littlefield, 9/3)

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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