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Morning Briefing

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Monday, Mar 14 2022

Full Issue

Texas Supreme Court Slams Door On Clinics' Challenge Of Abortion Law

The ruling Friday appears to end current efforts to overturn the law, which bans abortions after six weeks and allows private citizens to bring suit against anyone helping a woman gain an abortion. The U.S. Supreme Court has turned down appeals to intervene.

The Texas Supreme Court on Friday dealt essentially a final blow to abortion clinics鈥 best hopes of stopping a restrictive law that has sharply curtailed the number of abortions in the state since September and will now fully stay in place for the foreseeable future. The ruling by the all-Republican court was not unexpected, but it slammed the door on what little path forward the U.S. Supreme Court had allowed Texas clinics after having twice declined to stop a ban on abortions after roughly six weeks of pregnancy. (Weber and Stengle, 3/11)

The law has a unique private-enforcement mechanism that empowers private citizens to sue anyone who, in the law鈥檚 language, 鈥渁ids or abets鈥 an abortion after fetal cardiac activity is detected, usually around six weeks of pregnancy. The law is designed to evade judicial review, a goal at which it has been largely successful so far. Abortion providers have tried to argue that the law is actually enforced by state officials 鈥 the clerks who docket the lawsuits, the attorney general and medical licensing officials who could discipline doctors, nurses or pharmacists who violate the law 鈥 which would give them someone to bring a constitutional challenge against in court. (Klibanoff, 3/11)

The U.S. Supreme Court has declined to block the law. In December, it ruled that abortion providers could challenge the law, but only on very narrow grounds. The Supreme Court鈥檚 conservative majority ruled abortion providers could sue state medical licensing officials 鈥 health boards, for example 鈥 that are empowered to penalize health care providers who violate the abortion ban. But in a loss for the providers, the justices said they could not sue state officials who helped process the civil lawsuits that constitute SB 8鈥檚 main penalty. At the time, legal experts suggested that the decision significantly weakened abortion providers鈥 odds of eventually getting the law blocked. And the Friday decision from the Texas Supreme Court suggests they were right. (Luthra and Rodriguez, 3/11)

And in abortion news from Colorado 鈥

A bill affirming access to abortion and contraception in Colorado cleared its second hurdle Saturday morning after 24 hours of nearly continuous debate on the state House floor. ... House Bill 1279, after passing on a 37-20 vote, now advances to a final, recorded vote in the House before moving to the Senate. The measure is expected to steadily march through the Democratic-controlled legislature and onto Gov. Jared Polis鈥 desk. The governor has already said he will sign the bill into law.聽(Paul, 3/12)

According to the sponsors, 鈥淭he bill, declares that every individual has a fundamental right to use or refuse contraception; every pregnant individual has a fundamental right to continue the pregnancy and give birth or to have an abortion; and a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state.鈥 The bill would also prohibit state and local entities from denying, restricting or interfering with a person鈥檚 decision about contraceptives and pregnancy. (Whitley, 3/12)

In other updates on abortion rights 鈥

The Maryland House voted Friday to enshrine the right to abortion in the state's constitution and for a separate measure to broaden access to providers, as supporters cited the possibility that a conservative U.S. Supreme Court could overturn or weaken abortion-rights protections. The House voted 93-42 for the constitutional amendment. If approved by the Senate, voters would have the final say in November. (3/11)

State lawmakers around the country are ramping up efforts to curtail abortion in all forms. But one Missouri bill in particular is drawing ire for criminalizing the use of聽certain drugs to treat聽ectopic pregnancies, which聽are not viable and potentially life-threatening. Here's a quick rundown on the medical issues associated with the condition and how it fits into the current abortion debate. (Ceron and Muller, 3/11)

For the first time, the World Health Organization (WHO) recommend the use of telemedicine for abortion pill prescriptions in its abortion care guidelines. Some healthcare providers say the new guidance reinforces the message that all approved forms of abortion are safe and important. 鈥溾嬧婽he WHO recommendations confirm that unnecessary regulations placed on abortion care in many settings, including the U.S., do nothing to make abortion safer,鈥 Melissa Grant, chief operations officer of FemHealth USA at carafem, an organization that provides telehealth and in-person abortion care across the United States, wrote in an email to Verywell. (Wolters, 3/11)

Abortion is a gynecological matter, in that it pertains the functions and health of the biologically female body and as such, says the American College of Obstetricians (ACOG), it should be discussed in accurate scientific terms. 鈥淭he language we use when discussing reproductive health has a profound impact on what people hear and learn,鈥 wrote the organization in a statement, adding that聽many of the common terms used to discuss abortions are rooted in anti-choice rhetoric. (Merelli, 3/11)

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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