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Thursday, Oct 28 2021

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Justice Dept., Others Warn Texas' Abortion Law Is Constitutional Threat

News outlets cover fresh moves in the legal battle over Texas' strict abortion law, including warnings that the model the state used to make the law work could spread to other states, and threaten other constitutional rights too. Abortion news also comes from Oregon and Ohio.

The Biden administration told the Supreme Court on Wednesday that intervention is required to keep Texas from 鈥渘ullifying鈥 the constitutional right to abortion that the court established nearly 50 years ago. The brief was submitted in advance of Monday鈥檚 hastily scheduled hearing on the Texas law that has virtually shut down abortion within the state鈥檚 borders. Texas, the federal government, abortion providers and individual citizens who want to enforce the law called S.B. 8 each made their cases. (Barnes, 10/27)

The Supreme Court faces arguments that a novel enforcement scheme Texas created for its abortion law could be used by states to neutralize other constitutional rights related to guns, protests, campaign finance and more. The warning comes from not only the Justice Department and the abortion providers that have challenged the Texas law but also constitutional scholars, states, former prosecutors and law enforcement officials and a California-based nonprofit group that pushes for gun rights. (Ruger, 10/28)

Cessilye Smith said she's surrounded by inequality. She opened her clinic, Abide Women's Health Services, in south Dallas to help eliminate some of the disparities seen in maternal and infant health care. "Having these awful disparities that go beyond birth means there is a systemic issue here, so our little part of creating a better world -- a better environment -- for families is Abide," Smith said. Texas' controversial abortion bill, SB8, which effectively bans abortions as early as six weeks, has put the state in legal limbo this fall and has heightened conversations around the issue. (Smith, Lefferman, Coburn and Yamada, 10/27)

In abortion news from Oregon and Ohio 鈥

Portland, Oregon, is the latest city to provide bereavement leave for people experiencing pregnancy loss, including abortions. The city鈥檚 amended bereavement leave policy allows city employees to take up to three days of paid leave if they鈥檝e had a miscarriage, stillbirth or any other type of pregnancy loss. The policy covers time off for people to recover from an abortion 鈥渋rrespective of whether deemed medically necessary,鈥 according to the text. (Liu, 10/27)

Doctors would be required to report cases of babies born alive after abortions or attempted abortions, under legislation approved Thursday by the GOP-controlled Ohio Senate. The bill would also ban abortion clinics from working with doctors who teach at state-funded hospitals and medical schools. (10/27)

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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