Kelcie Mosely-Morris, Author at Nevada Current https://nevadacurrent.com/author/kelciemoselymorris/ Policy, politics and commentary Mon, 13 May 2024 13:20:42 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.4 https://nevadacurrent.com/wp-content/uploads/2018/06/Current-Icon-150x150.png Kelcie Mosely-Morris, Author at Nevada Current https://nevadacurrent.com/author/kelciemoselymorris/ 32 32 One year after FDA approves over-the-counter birth control pill, advocates push for more access https://nevadacurrent.com/2024/05/13/one-year-after-fda-approves-over-the-counter-birth-control-pill-advocates-push-for-more-access/ Mon, 13 May 2024 12:02:00 +0000 https://nevadacurrent.com/?p=208751 Policy, politics and progressive commentary

Sriha Srinivasan remembers how surprised her mom was two years ago when she learned that birth control pills weren’t sold in stores without a prescription in the United States. “My parents are immigrants from India, and it’s been over the counter there since my mom can remember,” said Srinivasan, a recent graduate of University of […]

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It’s been one year since the U.S. Food and Drug Administration approved the first over-the-counter birth control pill, Opill, and less than two months since it hit store shelves. Advocates celebrate its availability but say access is still lacking in terms of cost barriers and insurance coverage. (Justin Sullivan/Getty Images)

Policy, politics and progressive commentary

Sriha Srinivasan remembers how surprised her mom was two years ago when she learned that birth control pills weren’t sold in stores without a prescription in the United States.

“My parents are immigrants from India, and it’s been over the counter there since my mom can remember,” said Srinivasan, a recent graduate of University of California Los Angeles.

More than 100 countries were already selling birth control without a prescription before the U.S. Food and Drug Administration — one year ago as of Thursday — approved Opill. Though the hormonal, over-the-counter birth control pill was approved in May 2023, it didn’t reach online retailers or the shelves of major drug stores across the country until a couple of months ago.

Opill is a progestin-only birth control pill, which is slightly different from the typical prescription of a progestin and estrogen combination pill. Dr. Kristin Lyerly, an OB-GYN in Green Bay, Wisconsin, said that means the oral contraceptive is still very safe and 98% effective, but the user has to be more diligent about making sure it’s taken at the same time every day. If the time window is missed by three hours or more, there is a higher chance of unintended pregnancy, so she recommends that people use a backup form of protection for the next 48 hours while they get back on schedule.

Srinivasan, 21, gets health care coverage through her parents’ private insurance, but she said when she called clinics to see if she could get a birth control prescription last year, the first appointment that was available was six months out.

She happened to be working with Free the Pill, a group of reproductive health advocates and health care providers, on getting Opill approved by the FDA, so she decided to hold off.

“Almost out of spite, I was like, ‘I’m going to wait and get this over the counter.’”

On March 22, just after Opill hit the U.S. market, Srinivasan drove with a friend to a nearby Walgreens to buy their first packs, which cost about $20 each. The two recorded a TikTok of themselves taking their first doses.

“It was a very joyous and empowering moment to be able to take that for the first time,” Srinivasan said.

Contraception access is key post-Dobbs, researcher says

Dr. Daniel Grossman, director of the Advancing New Standards in Reproductive Health program at the University of California San Francisco, has been at the forefront of the effort to get FDA approval for an over-the-counter birth control pill since 2004, and is part of the steering committee of Free the Pill. His research efforts included a study showing that women who had direct access to the pill in areas like Texas border towns where people could cross into Mexico to get it directly stayed on it longer than those who needed a prescription. His research also found that people generally didn’t support age restrictions, and the FDA approval for Opill does not have an age restriction.

Grossman said more access to contraception is important for overall reproductive health, but it’s especially important in the wake of the Dobbs decision in 2022 that overturned Roe v. Wade and led 14 states to enact near-total abortion bans.

“Improved access to contraception isn’t going to solve the crisis of abortion access that we’re currently facing, but that said, in this moment — when people in half of the states have very limited options for abortion care and there are growing threats on access to contraception — I think it’s important that we do everything we can to expand access to all methods of birth control where that’s possible,” Grossman said.

Aside from a few expected and manageable side effects, including headaches and light bleeding, Srinivasan said she’s had a good experience with the pills and their availability so far. But there’s room for improvement, she said, and Free the Pill is advocating for more cost assistance support and coverage from national private insurance companies.

Free the Pill launched an online petition this week to pressure President Joe Biden and his administration to require insurance plans to include coverage for Opill. It had 35,000 signatures as of Thursday afternoon.

Srinivasan said she tried to apply for assistance but wasn’t able to because she has insurance, and only those without any form of private or public insurance can apply. Qualifying applicants also have to have a household income at or below 200% of the federal poverty line, which is $15,060 for a single person. A 2022 survey from Advocates for Youth found that 1 in 3 of those surveyed cited affordability as one of the biggest barriers to accessing contraception.

“At a $20 price point, it’s something I can afford because I have a job and I live in California, where the minimum wage is over $17 an hour, but it’s definitely not something my peers in other states can afford that easily,” Srinivasan said. “I hope they adjust that, because it’s definitely not reaching the people that it should be reaching right now.”

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Supreme Court justices appear split over whether to protect abortion care during emergencies https://nevadacurrent.com/2024/04/24/supreme-court-justices-appear-split-over-whether-to-protect-abortion-care-during-emergencies/ Wed, 24 Apr 2024 20:53:42 +0000 https://nevadacurrent.com/?p=208518 Policy, politics and progressive commentary

U.S. Supreme Court justices spent two hours Wednesday debating whether a federal law about emergency treatment encompasses abortion care even in states with strict abortion bans, with no clear indication of how they may ultimately rule. A decision could come as soon as the end of June to decide whether Idaho’s near-total abortion ban means […]

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Protesters gather outside the U.S. Supreme Court on Wednesday, April 24, 2024, while justices hear oral arguments about whether federal law protects emergency abortion care. (Sofia Resnick/States Newsroom)

Policy, politics and progressive commentary

U.S. Supreme Court justices spent two hours Wednesday debating whether a federal law about emergency treatment encompasses abortion care even in states with strict abortion bans, with no clear indication of how they may ultimately rule.

A decision could come as soon as the end of June to decide whether Idaho’s near-total abortion ban means doctors who might need to terminate a pregnancy during a health emergency would be protected from prosecution under the Emergency Medical Treatment and Labor Act, or EMTALA, a federal law that requires hospitals to treat patients who come to an emergency room regardless of their ability to pay.

If the court decides it does not provide that protection, then hospitals and doctors in Idaho have said they will have to continue transferring patients out of state for that treatment. Since January, when the court decided to take the case and struck down an injunction that provided protection under EMTALA, the number of transfers out of state for pregnancy complications that may require termination has increased from one in 2023 to six over the course of four months.

The arguments began with aggressive questioning of Idaho Deputy Attorney General Josh Turner by the court’s more liberal justices, Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. Their questions revolved around what EMTALA, which was signed into law in 1986 by President Ronald Reagan, explicitly says about stabilizing treatment and whether abortion procedures fall into that definition when complications occur before a fetus can survive outside of the womb, even with medical intervention.

Turner argued that Idaho’s law should supersede federal law in the case of abortion procedures because if a treatment isn’t available based on a state law, then it is in conflict with EMTALA and the federal law doesn’t apply, even if it goes against commonly accepted medical care standards.

Sotomayor rejected that argument.

“There is no state licensing law that would permit the state to say, ‘Don’t treat diabetics with insulin. Treat them only with pills,’” Sotomayor said. “Federal law would say you can’t do that.”

She said federal law requires treatment of a person who is at risk of serious medical complications without that treatment, but Idaho’s law does not provide that much leeway.

“Idaho law says the doctor has to determine not that there’s really a serious medical condition, but that the person will die. That’s a huge difference, counsel,” she said.

Idaho’s abortion ban went into effect in August 2022, a few months after the U.S. Supreme Court issued its Dobbs v. Jackson Women’s Health Organization decision that overturned Roe v. Wade, ending federal protection for abortion access and allowing states to regulate it instead. Providers who are prosecuted for performing an abortion are subject to two to five years in prison plus the loss of their medical license, and they are also subject to civil enforcement laws by any family members related to the person who had the abortion.

Conscience objections, expansion of ‘emergency’ definition 

The more conservative justices offered mixed questions to U.S. Solicitor General Elizabeth Prelogar, who argued on behalf of the government. Justice Neil Gorsuch posed questions related to the federal Supremacy Clause about when federal law can override state law in the context of medicine, while Justice Amy Coney Barrett asked about whether conscience exceptions exist for doctors who don’t feel comfortable terminating a pregnancy even in emergency situations. Or if a hospital in general did not want to provide the procedure, such as a Catholic hospital, would be exempt under EMTALA for conscience reasons. One of Idaho’s largest hospital systems, Saint Alphonsus, is a Catholic hospital.

Prelogar confirmed that yes, individual doctors and entire medical entities qualify for those conscience objections and are therefore not required to perform an abortion under EMTALA. But at a hospital that did not have a blanket objection, they would take individual objections into consideration for appropriate staffing so that there is always someone available to provide that care if necessary.

“If the question is, could you force an individual doctor to step in over a conscience objection, the answer is no, and I want to be really clear about that,” Prelogar said.

Justice Sam Alito also asked Prelogar if EMTALA could be understood to apply to other emergency situations such as a mental health emergency, if someone was expressing suicidal thoughts and wanted to end their pregnancy to resolve those thoughts. Idaho’s legal representation, conservative religious law firm Alliance Defending Freedom, argued in its brief to the court that a ruling in favor of EMTALA protection would allow such situations to occur. Prelogar said no, the proper treatment would be to administer medications to alleviate the suicidal thoughts.

“There can be grave mental health emergencies, but EMTALA could never require pregnancy termination as the stabilizing care … because that wouldn’t do anything to address the underlying brain chemistry issue that’s causing the mental health emergency in the first place,” Prelogar said. “If she happens to be pregnant, it would be incredibly unethical to terminate her pregnancy. She might not be in a position to give any informed consent.”

The court is expected to rule in the case by the close of its current term, which typically occurs toward the end of June.

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Health and Human Services increases loan forgiveness for OBs, midwives who practice in rural areas https://nevadacurrent.com/briefs/health-and-human-services-increases-loan-forgiveness-for-obs-midwives-who-practice-in-rural-areas/ Thu, 04 Apr 2024 22:53:08 +0000 https://nevadacurrent.com/?post_type=briefs&p=208281 Policy, politics and progressive commentary

The U.S. Department of Health and Human Services announced Thursday a $25,000 increase in loan forgiveness available to primary care providers in designated underserved areas. That means qualifying individuals are eligible for up to $75,000 in forgiveness if they commit to two full-time years of service. The amount is available to medical and osteopathic doctors, […]

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According to March of Dimes, nearly 7 million people of reproductive age live in a county that is considered a maternity care desert as of 2022. About 2.2 million of those people live in an area with no hospital providing obstetric care, no birth center and no obstetrics providers. (Getty Images)

Policy, politics and progressive commentary

The U.S. Department of Health and Human Services announced Thursday a $25,000 increase in loan forgiveness available to primary care providers in designated underserved areas. That means qualifying individuals are eligible for up to $75,000 in forgiveness if they commit to two full-time years of service.

The amount is available to medical and osteopathic doctors, including OB-GYNs, pediatricians, nurse practitioners and midwives, and physician assistants who practice in areas with shortages of primary care providers. The move is meant to help rural and historically underserved communities provide primary care services. It could also help areas that have been deemed “maternal care deserts” after clinics closed because adequate staffing levels could not be maintained, leaving care limited or completely absent and forcing people to travel long distances for standard appointments. This has especially been a problem in states with abortion bans since 2022, including Idaho, Mississippi and South Dakota. Idaho has lost 22% of its practicing OB-GYNs since a near-total abortion ban went into effect in late 2022, along with half of the state’s maternal-fetal medicine specialists, and three clinics across the state closed their labor and delivery units in the same time frame. Doctors have said it has been difficult to recruit new physicians to fill those positions — one doctor said Wednesday that out-of-state applications for openings have dropped significantly.

According to March of Dimes, nearly 7 million people of reproductive age live in a county that is considered a maternity care desert as of 2022, or about 35%. That number has reportedly grown in the past two years. About 2.2 million of those people live in an area with no hospital providing obstetric care, no birth center and no obstetrics providers. The 2022 report showed more than 97,000 Ohioans were affected by reductions in access to maternity care, the highest of any state.

Another 11.4%, according to the report, live in an area considered to have low access to maternity care, meaning fewer than two hospitals or birth centers providing maternity services and fewer than 60 OB-GYN providers. Research also notes challenges finding care in rural and medically underserved communities disproportionately affect people of color, particularly Black patients.

Medical school costs have grown, and associated debt has increased four-fold over the past 30 years, according to HHS, but the maximum loan forgiveness had remained at $50,000 until now. The Health Resources and Services Administration division of HHS is responsible for the program.

An additional maximum of $5,000 in loan repayment will be available for those who pass an oral exam showing they are fluent in Spanish and practice in high need areas with patients who have limited proficiency in English. Research from the American Medical Association has shown those patients have worse health outcomes and provider experiences.

HHS is also working to create new primary care residency programs in rural communities, which would provide 540 openings for physicians in specialty care, once operational, according to the release. It is also conducting more than 25,000 training sessions for practicing primary care providers, including OB-GYNs, nurse midwives and other maternal care providers to diagnose and treat mental health conditions among pregnant patients, new moms, children and adolescents.

The National Health Service Corps Loan Repayment Program is accepting applications until May 9.

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Child care costs far outpace wages, but dependent care tax credit stuck at 2001 rate https://nevadacurrent.com/2024/02/05/child-care-costs-far-outpace-wages-but-dependent-care-tax-credit-stuck-at-2001-rate/ Mon, 05 Feb 2024 13:45:23 +0000 https://nevadacurrent.com/?p=207497 Policy, politics and progressive commentary

The U.S. House of Representatives voted overwhelmingly last week to assist low-income families through an expansion of the child tax credit and the bill now awaits approval in the Senate. But some organizations are also highlighting a separate tax credit for child and dependent care, which they say is not providing adequate assistance to families […]

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A bipartisan bill introduced in Congress last July to expand the child and dependent care tax credit, which is meant to offset the cost of child care for working families, has not yet had a hearing. (Getty Images)

Policy, politics and progressive commentary

The U.S. House of Representatives voted overwhelmingly last week to assist low-income families through an expansion of the child tax credit and the bill now awaits approval in the Senate. But some organizations are also highlighting a separate tax credit for child and dependent care, which they say is not providing adequate assistance to families and providers amid rising costs.

The National Association of Tax Professionals supports expansion of the child and dependent care credit, said Tom O’Saben, the organization’s director of tax content and government relations. As it is, the credit has not kept up with inflation, he said, and Congress is currently not discussing its expansion alongside the child tax credit.

It’s easy to confuse the two credits, but advocacy groups such as the First Five Years Fund say it’s important to know the difference and understand why both are needed to help families. The child tax credit is meant to support families with the costs of raising a child, and it is commonly used to assist with everyday expenses.

The child and dependent care tax credit is meant to offset the cost of child care for working families, and only the cost of formal child or dependent care qualifies, not informal arrangements for care with family members or others.

“More and more people are having the discussion of, is it worth it to me to work outside the home when I’ve got to pay $25,000 in child care?” O’Saben said. Some clients he sees as a tax professional are paying as much as $35,000 per year for two children.

Right now, his only recommendation to help those clients is to take advantage of pre-tax flex spending accounts through their employers if they have them, but those are capped at $5,000 per year, so it can only provide a fraction of what many families need.

A report from Bank of America in October showed the average child care payment per household has increased 30% since 2019, with families earning between $100,000 and $250,000 experiencing the largest increase. A January 2023 report from the U.S. Department of Labor also called monthly prices across the country for child care “untenable” and said counties with more expensive child care prices had lower rates of maternal employment.

According to data from the Bureau of Labor Statistics, child care costs have increased 214% since 1990, while the average family income has risen 143%.

Expansion bill with bipartisan authors has not received a hearing in Congress

Congress temporarily increased the child care tax credit through the American Rescue Plan Act in 2021. It was the first time the credit had been adjusted since 2001, during former President George W. Bush’s administration. Instead of $3,000 for one child and $6,000 for two or more children, the credit increased to $8,000 and $16,000, respectively, for qualifying expenses. The amount of the credit varies based on the taxpayer’s adjusted gross income.

During that time, the credit was also refundable, so a taxpayer could claim the full credit even if it exceeded the amount of taxes owed to the federal government and receive the remainder as a refund.

“It was coming to be more in line with reality, but it lasted for one year,” O’Saben said. “If I was to bet on this back at the end of 2021, I would’ve bet that Congress would’ve extended that provision, because it was so family positive.”

But Congress couldn’t reach a deal to extend either the child care credit or the general child tax credit, and only one is up for expansion now, if it clears the Senate.

There is a bill that has been introduced in Congress to address the expansion of the child care credit, sponsored by Democrat Rep. Salud Carbajal of California and Republican Rep. Lori Chavez-DeRemer of Oregon. It was introduced in July, but has not received a hearing. A group of 85 child care providers and employers and business leaders from states across the country also sent a letter to members of the Senate Committee on Finance and House Ways and Means expressing their support for expansion of the child care credit. The states included Kansas, Kentucky, Idaho, Texas, Utah and Ohio, among others.

State and local government must step in too, advocacy group says

Michael Cassidy, director of policy reform and advocacy at the Annie E. Casey Foundation, told States Newsroom both credits are important, but it may take time to reach both goals, and it will require more than just federal investment.

Some states have made efforts to continue the same level of assistance that the federal government provided through the pandemic, such as Minnesota, where Democratic Gov. Tim Walz approved a $1.3 billion package to assist child care providers with wage enhancements and allow more families to qualify for financial assistance with costs. But in other states, such as Texas, $2.3 billion in federal aid went unused, and in Missouri and Louisiana, the amounts budgeted from federal aid didn’t make significant inroads in helping providers and families.

“The pandemic and our recovery out of it have revealed the huge challenges we have in this country regarding child care. I think everybody saw that,” Cassidy said. “It’s a policy thicket that has vexed this country for decades … so transitioning from this faltering child care system to a functioning one is going to take some investment at the state, local and national levels.”

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Legislators in 49 states ask SCOTUS to preserve access to abortion pill https://nevadacurrent.com/2023/10/13/legislators-in-49-states-ask-scotus-to-preserve-access-to-abortion-pill/ Fri, 13 Oct 2023 12:10:45 +0000 https://www.nevadacurrent.com/?p=206172 Policy, politics and progressive commentary

A group of more than 600 Democratic legislators from 49 states have signed an amicus brief to the U.S. Supreme Court urging the justices to overturn an appellate court decision that would roll back access to mifepristone, one of two drugs used to safely terminate early pregnancies and treat miscarriages. The amicus brief, also called […]

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While the U.S. Supreme Court has not yet accepted the Alliance for Hippocratic Medicine’s case against the U.S. Food and Drug Administration, the high court already has involved itself by temporarily blocking a federal appellate court decision that would restrict the use of the abortion pill mifepristone. (Getty Images)

Policy, politics and progressive commentary

A group of more than 600 Democratic legislators from 49 states have signed an amicus brief to the U.S. Supreme Court urging the justices to overturn an appellate court decision that would roll back access to mifepristone, one of two drugs used to safely terminate early pregnancies and treat miscarriages.

The amicus brief, also called a “friend of the court” brief, was organized by State Innovation Exchange’s Reproductive Freedom Leadership Council and assembled over the past week, said Jennifer Driver, the group’s senior director of reproductive rights. Driver said State Innovation Exchange, also known as SiX, provides tools and resources for state legislators to advocate for progressive public policies after being elected to office.

Driver said SiX did ask Republican legislators to sign on as well, but didn’t manage to garner any bipartisan support.

Every state, with the exception of Mississippi, had Democratic legislators who signed their names to the brief, with the highest number of participants from Illinois, followed by North Carolina, New York and Colorado. Fourteen Nevada Democratic legislators signed on.

“This statement should say that across the country, in almost every state, there are legislators that are saying their ability to protect their community should not be interfered with,” Driver said. “Even in ruby red states, there are legislators who are still fighting for abortion access, and they understand the ramifications of what happened in Dobbs and what could happen in this case.”

Upholding 5th Circuit would mean reinstating prior restrictions on pill

The Supreme Court has not yet accepted the Alliance for Hippocratic Medicine’s case against the U.S. Food and Drug Administration, but the court already involved itself in April by temporarily blocking the 5th Circuit Court of Appeals’ decision. If the high court declines to hear the case or upholds the appellate court’s ruling, the FDA’s rules that allowed expanded access of mifepristone would be struck down.

That would include the ability for providers to prescribe the medication via telehealth or send the medication in the mail, and it would decrease the time limit from 10 weeks of pregnancy to seven weeks. The results of most at-home pregnancy tests are not reliable until after an individual has already missed a period at four weeks of pregnancy.

It would also require patients to see providers at three separate clinic appointments in person, which would be especially difficult for those traveling from one of the 14 states with abortion bans to access care.

The Alliance for Hippocratic Medicine is a group of four anti-abortion organizations and four doctors that formed in 2022 and incorporated in Amarillo, Texas. U.S. District Judge Matthew Kacsmaryk, who is in Amarillo, made the initial ruling that would have revoked mifepristone’s approval in its entirety, leading some to conclude the plaintiffs chose to incorporate there for a favorable outcome in Kacsmaryk’s court.

The plaintiffs are represented by the Alliance Defending Freedom, a religious conservative group that recruits and trains attorneys to litigate cultural issue cases, including abortion, anti-LGBTQ legislation and what they consider violations of Christian religious freedom. The same organization was also involved in the U.S. Supreme Court’s Dobbs decision overturning the constitutional right to an abortion. The attorneys have argued the FDA illegally approved mifepristone in 2000, and have repeatedly contended that the drug is unsafe and responsible for many deaths — a claim that is not backed by credible sources. According to the FDA, 28 deaths out of an estimated 5.6 million people in 23 years have been associated with mifepristone’s regimen for terminating a pregnancy, which is a markedly lower rate than many common FDA-approved drugs, like Tylenol and Viagra. And as the FDA notes, that small number includes fatal cases “regardless of causal attribution to mifepristone,” including people who died from homicide, suicide, and pulmonary emphysema.

Legislators in Minnesota, North Carolina take the lead on brief

In the Dobbs decision, authored by Justice Samuel Alito and issued in June 2022, the justices in favor of overturning Roe v. Wade said the regulation of abortion should be left to the states, “in accordance with the views of its citizens,” just as it was prior to the Roe ruling in 1973.

“It is time to heed the [U.S.] Constitution and return the issue of abortion to the people’s elected representatives,” Alito wrote.

That’s one of the reasons why the legislators decided to submit the brief, said Minnesota Democratic state Sen. Erin Maye Quade, one of two lawmakers leading the effort. While the legislators who signed on aren’t saying they agree with the Dobbs decision or the Supreme Court’s interpretation of the law, the justices’ own logic for the decision demonstrates that federal courts should not come between state laws on the issue of abortion.

“This [case] gives them an opportunity to decide whether abortion is really going to be up to states or not,” Maye Quade told States Newsroom on Tuesday.

The representatives and senators also argue that elected officials rely on the FDA’s authority to approve medications on the market, and allowing the 5th Circuit’s ruling to stand would undermine that authority. In a state like Minnesota, which is almost entirely surrounded by states with abortion bans, access to mifepristone is vital, Maye Quade said. Following Texas’ implementation of its abortion ban prior to the Dobbs ruling in 2022, Minnesota started to see an increase in patients seeking care. Maye Quade said there was a 20% increase in the state in 2022, and in 2023, the numbers continue to increase.

The other lawmaker leading the case is Rep. Julie von Haefen, a Democrat in North Carolina’s General Assembly. The legislature in North Carolina passed Senate Bill 20 earlier this year, banning abortions after 12 weeks of pregnancy and requiring patients to receive counseling at least 72 hours before the termination is scheduled to take place. A report issued Wednesday by the Guttmacher Institute showed between June and July, when the law went into effect, abortions decreased by 31%. North Carolina was an access point for many people in surrounding states, von Haefen said, and that drop was jarring.

“We just believe that the Supreme Court made this decision in Dobbs, and they have to step in and say, ‘No more, we have to leave these decisions to state legislators,’” von Haefen said.

According to the U.S. Supreme Court’s docket, attorneys for the plaintiffs are scheduled to file their brief in opposition to the court taking the case by Nov. 9.

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Anti-abortion ‘abolitionists’ take slavery rhetoric to the next level https://nevadacurrent.com/2023/09/01/anti-abortion-abolitionists-take-slavery-rhetoric-to-the-next-level/ Fri, 01 Sep 2023 12:59:19 +0000 https://www.nevadacurrent.com/?p=205607 Policy, politics and progressive commentary

The first time Tina Marshall heard anti-abortion protesters call themselves “abolitionists,’” she said she burst out laughing. Marshall, a Black woman who lives in Charlotte, North Carolina, was counter protesting at an abortion clinic when a mostly white group — save one Black woman — surrounded her and told her they were abolitionists. “I rolled […]

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Anti-abortion protesters gather outside A Preferred Women’s Health Center of Atlanta in Forest Park. (Ross Williams/Georgia Recorder)

Policy, politics and progressive commentary

The first time Tina Marshall heard anti-abortion protesters call themselves “abolitionists,’” she said she burst out laughing.

Marshall, a Black woman who lives in Charlotte, North Carolina, was counter protesting at an abortion clinic when a mostly white group — save one Black woman — surrounded her and told her they were abolitionists.

“I rolled my eyes and said, ‘Can’t you people ever think of anything original? Do you guys have to steal everything?’” Marshall said.

Anti-abortion demonstrators have told her she hates her own people. She’s seen the mostly white men and women put their fists in the air and say, “Black Lives Matter.”

Marshall started volunteering as a clinic defender, as abortion rights groups call it, about two years ago, so she was unfamiliar with some of the rhetoric around abortion until recently. Much like the rest of America, in her view.

“They’ve been doing this for years, and nobody cared, and it’s only because of Roe now that everybody’s antennas are up,” she said of last year’s U.S. Supreme Court decision that ended the federal right to abortion. “Even before that, I’ve been out here over two years, and nobody cared about all the jeering and heckling of Black women.”

The co-opting of imagery from slavery, the Civil Rights Movement and other Black experiences to argue against abortion goes back more than a century, depending on who you ask, but the so-called “abolitionist” sect of anti-abortion groups has gained more momentum in political circles and state legislatures in recent years. With statistics showing higher rates of abortion by Black people in some states and the Black community’s reverence to culture and religion, it’s easy to see why such anti-abortion groups are focusing on African Americans.

William Hart, a professor of religious studies at Macalester University in Minnesota, told States Newsroom in an email that from his research, most Black Christians and non-Christians tend toward cultural conservatism, but they don’t typically have strong feelings against abortion. Those who do think abortion should be illegal are often viewing it from the historical belief that family planning and abortion were forms of Black genocide, Hart said.

“The anti-abortion religious right is appealing to Blacks on religious grounds because they understand that Blacks are susceptible to the argument even if their reasons diverge,” he said.

Activists have also argued over how civil rights icon the Rev. Dr. Martin Luther King Jr. would feel about abortion if he was alive today. King’s niece, Alveda, has said she thinks he would be anti-abortion. Others point to his quotes about the importance of family planning to say he was an advocate of reproductive rights.

The slavery comparison has historically been used by both sides of the abortion debate, according to research published in 1994 by Professor Debora Threedy, who is now retired. While anti-abortion groups use the comparison as a civil rights argument, harkening back to the days when slaves were widely viewed as less valuable human lives, abortion rights activists point to the implied slavery of not having a choice whether or not to give birth to a child, sometimes referring to it today as “involuntary servitude” and invoking “Black Lives Matter” to argue for bodily autonomy.

Threedy said the comparison to slavery in particular allows people to argue from the side of moral certainty, because nearly everyone today would agree that slavery was wrong then and wrong now.

“From where we stand now, on the slavery debate, we’re all on the side of the angels,” Threedy said. “By co-opting that rhetoric, what you’re saying is, ‘I’m on the side of the angels. They’re not on the right side of history, they’re not occupying the moral high ground — I am.’”

While the terminology is invoked on both sides of abortion politics, the anti-abortion activists who call themselves abolitionists have adopted it more as an identity over the past decade, and it has caused rifts among groups with similar goals.

Abortion abolitionists draw comparisons to history

At a recent conference hosted by Operation Save America, an extreme anti-abortion and anti-LGBTQ organization with a history of physically blockading abortion clinics around the country, those rifts were openly discussed. The group’s director, Jason Storms, opened the conference on July 17 at Pray’s Mill Baptist Church in Douglasville, Georgia, by stating his organization would no longer associate with T. Russell Hunter, the leader of Abolish Human Abortion.

Hunter has frequently taken to Facebook, YouTube and other video platforms to imply or directly state that groups like Operation Save America, Students for Life of America, Live Action and others don’t always advocate from an exclusively “abolitionist” standpoint and are not as committed to ending abortion as he is.

Those who call themselves abortion abolitionists, such as Hunter, see that as an example of the difference between their views and that of the “pro-life” groups, which generally oppose criminal penalties for the pregnant person.

On a recent episode of a podcast called The Serrated Edge, Hunter said he researched abolition in the context of slavery when he was in graduate school, and he saw parallels between the immediate abolitionists and those who opposed slavery but were in favor of more gradual, incremental approaches to ending it. To him, the abolitionists took a more biblical stance by calling the practice a sin and calling on the nation to repent.

“I thought, these (abolitionists) are amazing, what they’re doing,” Hunter said. “They could’ve been anything, and instead, they saw the plight of their neighbors on these transatlantic vessels … and they decided to give themselves to that because they saw those men as their neighbors.”

The two sides of the anti-abortion movement have clashed more in recent years over legislation that would eliminate abortion entirely without any exceptions, including to save the life of the pregnant person, and would attach criminal penalties for the person who sought the abortion, which in some states would include the death penalty.

An “abolish abortion” bill introduced in the Louisiana legislature crafted in partnership with the Foundation to Abolish Abortion in 2022 did not advance after opposition from abortion rights groups as well as anti-abortion organizations, including the Louisiana Family Forum and Louisiana Right to Life. In Idaho, Rep. Heather Scott has introduced a similar bill for three years in a row, but it has not advanced to the House State Affairs Committee. Rep. Brent Crane, who is chairman of the committee, said in 2022 that he would not give a hearing to an “extreme” bill that would put a pregnant person on trial for murder.

During a panel discussion at Operation Save America’s conference in July, Storms was joined by six other men to talk about abolition versus incrementalism in approaches to ending abortion, and said his group staunchly believes in criminal penalties for those who seek out the procedure but shied away from labeling the group as abolitionist or “pro-life.”

Zach Conover, communications director of the national organization End Abortion Now, was also a panelist, and he described the failure of a similar bill his group sponsored in 2019 in Arizona as a result of the National Right to Life group’s opposition to it in a letter signed by more than 70 of its chapter members. He also referenced the Louisiana bill.

“What happened in Louisiana should’ve been national news,” Conover said to the panelists. “It was really the first time that the pro-life establishment had shown their cards to that extent.”

Gabriel Rench, a member of the extremist Christ Church in Moscow, Idaho, also compared abortion to slavery, saying if churches in America had taken a stand against slavery, the Civil War would never have happened.

“We ended slavery through the blood of people instead of through the blood of Christ. When you have a massive cultural sin like slavery in America, you end it through the gospel, you don’t end it through a war,” Rench said during the discussion. “We need to end abortion, which is awful — way worse than slavery, by the way. The slave trade had four, five million slaves max in America? And 600,000 people died. How much has abortion killed?”

According to historians, at least 12.5 million men, women and children were captured and enslaved from Europe and Africa between 1526 and 1857, and 10.7 million were taken to North and South America. That doesn’t include the unknown numbers of people who did not survive the journey on tightly packed ships across the ocean.

Historians say a little more than 300,000 slaves were brought to the United States.

The Centers for Disease Control and Prevention reported about 1.3 million abortions per year between 1980 and 1997, after which the numbers dropped to less than 650,000 per year since 2013.

‘They’re trying to hitch them together’

Amanda Roberti, an assistant professor of political science at San Francisco State University, has researched the rhetoric of abortion politics for more than a decade. She said the civil rights language is often invoked as one of many strategies to capture more audiences, as any cultural advocacy movement would do. But it doesn’t mean every group will take the same approach at the local, state and national levels.

“There is a widespread and widely cast approach going on here, but that is something that social movements can do, especially when they’re multi-faceted like the anti-abortion movement is,” Roberti said. “They have an overarching goal of the end of abortion, but I think there are other groups that have slightly different tactics and what they want to pursue.”

Anti-abortion groups have also used the names of feminist leaders from history along with the names of Black activists. In 2011, U.S. Congressional representatives considered a bill titled the “Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act,” to impose criminal penalties for abortions that were performed based on the sex or race of the child. It’s unclear to historians whether Anthony, an early feminist leader, or Douglass, a slavery abolitionist, were against abortion.

“There’s a whole psychology behind it, because they’re trying to usurp a tragic historical fact and rise abortion to that level, they’re trying to hitch them together,” Roberti said.

‘Black women are the most marginalized’

Mandisa Thomas, a Black woman who lives in Atlanta and volunteers with an organization called We Engage, went to counterprotest at a local abortion clinic when Operation Save America held its conference in July. Abortion is banned after six weeks of pregnancy in Georgia, but members of the anti-abortion group gathered outside A Preferred Women’s Health Center just outside Atlanta during the morning hours that week and attempted to stop individuals from going into the clinic, using microphones with amplified speakers to shout religious messages encouraging the patients not to go through with their appointments. Many of the patients who came to the clinic one morning were Black women.

Thomas said she has often heard the abolitionist language from anti-abortion protesters, and she finds it insulting.

“The fact that they think they are being abolitionists is offensive, because they’re not being liberating at all,” Thomas said. “It really undermines the movements of people who did sacrifice their lives to make sure that all of us do have the freedom of choice, especially when it comes to reproductive choice and reproductive health.”

Marshall, who founded the Black Abortion Defense League in North Carolina, was also at the Atlanta clinic in July. Marshall said she started her organization because she didn’t see many Black people on the abortion rights side.

“I just thought, being a Black woman who had an abortion so many years ago, there’s a common language that we can speak, Black person to Black person,” Marshall said. “Black women are the most marginalized if you ask me. Nobody loves Black women except for other Black women, and sometimes we hate each other too. We’re an easy target because nobody wants to jump up to really save us.”

According to data from the Centers for Disease Control and Prevention, as of 2020, 39% of abortions in the United States were among non-Hispanic Black people, while 33% were among non-Hispanic whites, and 21% were Hispanic. In states across the South, such as Alabama, Mississippi and Georgia, more than twice as many abortions occurred among Black people in 2020 than among white people. In all three states, the poverty rate among Black people is also two to three times higher than among whites, and maternal mortality rates among Black women are higher than anywhere else in the country. Anti-abortion groups often target clinics in communities where a majority of the population is Black, typically in the South, for protests.

The disproportionate rates of abortion by race in some states are often cited on websites and in the literature of anti-abortion groups as a crisis to be addressed. Right to Life of Michigan has an entire page on its website titled “Black Abortions By the Numbers.” Focus on the Family cites the rate of abortions among Black women on its website as well.

But a 2022 poll by the Pew Research Center found that 59% of white respondents and 68% of Black respondents supported abortion to be legal in most or all cases.

That disparity in support could be one reason for trying to persuade communities of color to turn against abortion rights, said Grace Howard, an assistant professor of political science at San Jose State University. But on the other hand, Howard said tactics like the billboard could also be directed at white people like herself, to motivate her to action.

Some groups have paid for billboard advertisements that make race-based arguments around abortion, such as one in New York City in 2011 with a picture of a young Black girl that said, “The most dangerous place for an African American is in the womb.”

The billboard was paid for by an anti-abortion group in Texas called Life Always and approved by the group’s founding board member Stephen Broden, a Black pastor in Dallas. Broden said at the time in a statement that, “Our future is in jeopardy as a genocidal plot is carried out through abortion.”

The billboard was placed in a largely white community to garner the most attention, Broden said.

For some, reproductive justice is the answer

Roberti said the history of violence against Black women should also be considered when people use language related to slavery and civil rights. Research shows women who were enslaved were often raped and forced to bear children that could then be sold to other slaveowners. They were also subject to forced sterilization and other reproductive control measures.

“Black women have been subject to a lot of reproductive violence, so in a way they’re (anti-abortion activists) tapping into an argument that is real, but then applying it to a policy output that’s not going to provide any kind of justice,” Roberti said.

Howard is also a scholar of the reproductive justice movement, a social justice concept formed by a group of Black women in 1994 that looks beyond the statistics and demographics of abortion and works to strengthen the infrastructure of social supports around marginalized communities. That includes increasing access to contraception, adequate health care during and after pregnancy, reducing poverty rates and other measures that would increase quality of life and provide real choice, according to Sister Song. Howard said it’s a solution that could lower the number of abortions obtained in the U.S. each year, including among communities of color.

“For some people, they are having abortions because they know they won’t be able to raise this child the way they want to,” Howard said. “If you want fewer abortions, then a social safety net might change things, if someone knows they might be able to care for their child with dignity.”

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Male anti-abortion religious leaders mull murder charges for pregnant people at national event https://nevadacurrent.com/2023/07/25/male-anti-abortion-religious-leaders-mull-murder-charges-for-pregnant-people-at-national-event/ Tue, 25 Jul 2023 11:50:42 +0000 https://www.nevadacurrent.com/?p=205111 Policy, politics and progressive commentary

An all-male panel of anti-abortion religious leaders from around the country met Friday night to discuss the strategies that should be used to end abortion in every state at any stage of pregnancy, without exceptions for rape and incest, and with criminal punishment for the pregnant person in line with existing criminal penalties for murder, […]

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Operation Save America Director Jason Storms told a gathering of religious, anti-abortion attendees that the church must take the lead to end abortion, which could happen with civil war. (John McCosh/Georgia Recorder)

Policy, politics and progressive commentary

An all-male panel of anti-abortion religious leaders from around the country met Friday night to discuss the strategies that should be used to end abortion in every state at any stage of pregnancy, without exceptions for rape and incest, and with criminal punishment for the pregnant person in line with existing criminal penalties for murder, which includes the death penalty.

The panel was part of a week-long series of events hosted by Operation Save America, an anti-abortion, anti-LGBTQ and anti-Muslim religious group that wants all Americans to follow “God’s law” and their interpretation of the Christian gospel. Many of the events were held in Douglasville, Georgia, at Pray’s Mill Baptist Church, which broke away from the Southern Baptist Convention for supposed acceptance of liberal social justice views regarding race and gender. Tuesday through Friday, the group started its mornings by protesting outside of A Preferred Women’s Health Center, an abortion clinic near Atlanta.

Friday’s speakers included Wisconsin-based Operation Save America Director Jason Storms and former OSA director Rusty Thomas, along with Arizona-based End Abortion Now communications director Zachary Conover, Georgia Right to Life President Ricardo Davis, and Gabriel Rench, a member of the extremist Christ Church in Moscow, Idaho.

Speakers focused on equal protection bills in state legislatures

The theme of OSA’s national event was unity, and highlighted divisions within anti-abortion circles over what they described as the proper approach and response to legislation that seeks to limit or entirely restrict abortion procedures. The moderator of the panel, Derin Stidd, opened by asking, “Why do you all hate women?” to which the men laughed.

Rench then joked about not giving the microphone to Conover and said, “We don’t give him a voice like women,” then added, “Bad joke.”

The comments were in jest, but in line with remarks from OSA speakers throughout the week, including another comment from Rench, who said the church was wrong to allow women to be preachers.

On Thursday, anti-Islam speaker Raymond Ibrahim said, “If you look at a country, and the best they can come up with for a president is a woman, there’s something wrong about that. That doesn’t mean women aren’t smart or capable, I believe that, but if the very best — the crème de la crème — is a woman, that tells me something about the men when it comes to positions of authority and leadership.”

The panel focused on legislation they call “equal protection” bills, such as Georgia’s House Bill 496, also called the Georgia Prenatal Equal Protection Act, which was introduced in February but did not advance in the state’s House of Representatives. An “equal protection” bill, by their definition, is one that adds criminal penalties to a pregnant person for the intentional termination of a pregnancy at any stage, with no exceptions for rape or incest. The law would make an exception if the abortion was performed to prevent the pregnant person’s “imminent death or great bodily injury.”

Storms said OSA has advocated for similar bills in more than a dozen states, including Alabama, Arizona, Missouri, Kentucky and Oklahoma. So far, no states have passed an “equal protection” bill, but several, including Georgia, did pass what anti-abortion advocates call “heartbeat bills” that ban abortion after six weeks of pregnancy, before many people know they are pregnant. Those who advocate for “equal protection” bills call themselves “abolitionists,” co-opting language from the movement to abolish slavery, while the “pro-life” community has advocated for more politically expedient bills like six-week bans. Storms and other panelists called the six-week bans weak, even though they expressed understanding of political environments that make “equal protection” bills unlikely to become reality.

Rench said that is the case in Idaho, where many members of the state legislature are part of the Church of Jesus Christ of Latter-Day Saints. The church has taken an official position that rape and incest exceptions are acceptable, and bills that have not included those exceptions, such as one introduced byOSA-endorsed Sen. Scott Herndon of Sandpoint, have gone nowhere in the Idaho Legislature. Christ Church and its followers have taken an approach they dubbed “smashmouth incrementalism,” which acknowledges that change can be achieved through gradual reformation and repentance in the country’s culture.

But Rench said he intends to keep working with Herndon and others to bring equal protection bills back in the next legislative session to keep pushing for it. Davis, president of Georgia Right to Life, said his organization will push for their bill again in the next session as well, and said he’s confident they’ll get it done the next time around.

How is abortion going to end? Maybe with civil war, speaker says

Thomas, who was a longtime director of Operation Save America before Storms, said incremental steps like heartbeat bills were “a lie from the pit of hell” from the very beginning, but the organization didn’t used to be politically involved because there was too much compromise and too much that needed to be changed.

Thomas said it wasn’t until pastor Matthew Trewhella, who co-founded the Milwaukee-based group Missionaries to the Preborn and is Storms’ father-in-law, wrote “The Doctrine of the Lesser Magistrates” that he felt like there could be progress. The book references history and biblical theology to argue that governments deemed “tyrannical” and ungodly can and should be defied. Trewhella has said he has spoken to at least 11 state legislatures across the country about the book.

“That was the first time in my life I knew we had solid rock to stand on to fight this battle politically,” he said. “That was the game changer.”

Conover’s organization, End Abortion Now, creates model legislation that grants legal personhood to fertilized eggs, which would limit in-vitro fertilization procedures, and assigns penalties to people who have abortions in addition to doctors who provide them. Some of his legislative efforts have been defeated by organizations that are against criminal penalties for pregnant people.

“It’s a dirty little secret of the pro-life industry: Their heretical teaching that has informed the types of laws they’ve supported for five decades, the lie that women should be allowed to kill their own children with immunity and impunity because they themselves are victims of abortion,” Conover said. “It is a lie that says that they are never legally culpable, however willfully or intentionally they carry out the act of taking the life.”

Regardless of the legislative strategy, the panelists agreed changing the culture of America to take on a Christian biblical worldview, which will require all pastors to take the same position on abortion as their own.

“We must see that the church plays that role culturally, to create that social tension. That’s the standard, that’s the ideology,” Storms said. “But that’s when we have to say, ‘Well, how does that flesh out in the real world?’ It doesn’t always look so pretty when we actually see that applied. How is abortion going to end? I don’t know, maybe it’s going to be a civil war, maybe it’s going to be a whole variety of other means.”

States Newsroom reproductive rights reporter Sofia Resnick contributed to this report.

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FDA approves first over-the-counter oral contraceptive https://nevadacurrent.com/2023/07/14/fda-approves-first-over-the-counter-oral-contraceptive/ Fri, 14 Jul 2023 12:44:03 +0000 https://www.nevadacurrent.com/?post_type=blog&p=205022 Policy, politics and progressive commentary

The U.S. Food and Drug Administration announced Thursday it has approved the country’s first daily birth control pill that can be used without a prescription, a move that reproductive health advocates celebrated after more than 20 years of advocating for an over-the-counter option. The contraceptive, called Opill, is a progestin-only oral pill that could soon become available […]

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Opill, a progestin-only contraceptive pill, will be available without a prescription in the first quarter of 2024, according to its manufacturer. (Photo courtesy of Perrigo Company.)

Policy, politics and progressive commentary

The U.S. Food and Drug Administration announced Thursday it has approved the country’s first daily birth control pill that can be used without a prescription, a move that reproductive health advocates celebrated after more than 20 years of advocating for an over-the-counter option.

The contraceptive, called Opill, is a progestin-only oral pill that could soon become available in drug stores, convenience stores and grocery stores, as well as online, without requiring a visit to a health care provider.

Frédérique Welgryn, an executive at Opill’s manufacturer, Perrigo, said during a press conference Thursday that the company will work with its regional partners to build distribution plans nationwide, and said Perrigo is committed to making Opill affordable, but the retail price is not yet available. The company anticipates the pill will be on sale in major retail stores across the country and online by early 2024 and also plans to work to list Opill as an option with private insurance and Medicaid.

Other reproductive-focused organizations, including the American College of Obstetricians and Gynecologists, celebrated the announcement, as did the American Medical Association. But Dr. Jesse M. Ehrenfeld, president of the American Medical Association, said in a statement that it should be the first step of approval for a variety of oral contraceptive options for over-the-counter use.

“It is important that patients have options when choosing which type of birth control works best for them. We hope this is just the first of several to be approved,” Ehrenfeld said. “We must continue to remove barriers to affordable care for those in underserved, high-poverty and rural communities. We know barriers to oral contraceptives can lead to inconsistent or discontinued use.”

The FDA said Opill should not be used by those who currently have or have ever had breast cancer, and those who have had any other form of cancer should ask a doctor before use. It should not be used with any other hormonal birth control product, including other oral pills, patches or injections, vaginal rings or intrauterine devices. The most common side effects of Opill are irregular bleeding, headaches, dizziness, nausea, increased appetite, abdominal pain, cramps or bloating, according to the approval announcement.

Unintended pregnancy associated with poor outcomes

Welgryn said it took more than eight years to conduct the research for approval and complete the lengthy application process with the FDA.

“This has been a journey fueled by the passion of our team, researchers, health providers, advocates and women themselves, along with the unwavering belief that the women and people of this country should have greater access and fewer barriers when it comes to their reproductive health,” Welgryn said. “Today’s decision follows nearly 50 years of data and research showing that progestin-only pills such as Opill are safe and effective. It follows the joint FDA advisory committee’s unanimous votes recommending Opill … because the benefits of having access to Opill over the counter overwhelmingly outweigh the potential risks.”

Welgryn said an estimated 40 million women in America need contraception, and approximately 15 million of those are using a less effective method or no method at all, while 10 million are already using an oral contraceptive pill with a prescription.

According to research from the Guttmacher Institute, nearly half of the 6.1 million pregnancies in the U.S. in 2011 were unintended, and 18% of those pregnancies were considered unwanted. Further research has determined unintended pregnancy is significantly associated with higher incidences of depression during pregnancy and postpartum, along with higher rates of preterm birth and low infant birth weights.

Dr. Stephanie Sober, global lead of medical affairs for Perrigo, said during the press conference that the country’s current reproductive health landscape makes the pill’s approval all the more important. Fourteen states have near-total bans on abortion, and Iowa could soon join Georgia with a gestational ban at six weeks, before many people realize they are pregnant. Indiana’s abortion ban, which applies to all stages of pregnancy with exceptions for rape, incest, fetal anomalies and the life of the pregnant person, is expected to take effect Aug. 1.

“Opill over-the-counter paves the way for improved access by removing barriers for the people who struggle to access contraception most, particularly people working to make ends meet, people of color, young people, and those who live in rural areas,” Sober said.

“For some, the ability to secure insurance, find a provider, make an appointment, and then obtain child care and access reliable transportation, all can create an insurmountable obstacle to obtaining contraception. Being able to pick it up at a pharmacy knocks down those obstacles, and it’s truly game changing.”

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Echoing history, reliance upon travel rises for abortion care post-Dobbs https://nevadacurrent.com/2023/06/22/echoing-history-reliance-upon-travel-rises-for-abortion-care-post-dobbs/ Thu, 22 Jun 2023 12:00:07 +0000 https://www.nevadacurrent.com/?p=204808 Policy, politics and progressive commentary

Editor’s note: This report is part of a special States Newsroom series on abortion access one year after the U.S. Supreme Court decision struck down the federal right to abortion. When the U.S. Supreme Court issued its Dobbs decision one year ago, people of childbearing age in states across the country suddenly faced what seemed […]

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Elevated Access has recruited more than 1,200 volunteer pilots to privately fly those in need of an abortion to states where it is accessible. (Isiah Holmes/Wisconsin Examiner)

Policy, politics and progressive commentary

Editor’s note: This report is part of a special States Newsroom series on abortion access one year after the U.S. Supreme Court decision struck down the federal right to abortion.

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Appeals court judges embrace anti-abortion speculation https://nevadacurrent.com/2023/05/22/appeals-court-judges-embrace-anti-abortion-speculation/ Mon, 22 May 2023 12:00:40 +0000 https://www.nevadacurrent.com/?p=204454 Policy, politics and progressive commentary

America’s major medical institutions and drug policy scholars have roundly denounced as “pseudoscience” many of the claims brought by anti-abortion groups in a high-profile federal lawsuit asking the Food and Drug Administration to revoke its 23-year-old approval of mifepristone, one half of a two-drug regimen that has become the most common form of pregnancy termination […]

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The U.S. Food and Drug Administration approved mifepristone, a key abortion drug, 23 years ago, and experts say it has been found to be safe, a claim a group of anti-abortion groups and four doctors challenge in seeking revocation of its federal approval. (Photo illustration by Anna Moneymaker/Getty Images)

Policy, politics and progressive commentary

America’s major medical institutions and drug policy scholars have roundly denounced as “pseudoscience” many of the claims brought by anti-abortion groups in a high-profile federal lawsuit asking the Food and Drug Administration to revoke its 23-year-old approval of mifepristone, one half of a two-drug regimen that has become the most common form of pregnancy termination post-Roe v. Wade.

But the appeals court’s three-judge panel that heard oral arguments Wednesday appeared to be persuaded not by the medical consensus in this case, but by some of the evidence brought forward by plaintiffs that consists largely of anecdotes, speculation, and cherry-picked studies brought by a handful of anti-abortion medical groups and doctors.  

Medical and public health societies led by the American Medical Association submitted a “friend of the court” brief before the 5th U.S. Circuit Court of Appeals, stating that the lower court’s ruling “relies on pseudoscience and on speculation, and adopts wholesale and without appropriate judicial inquiry the assertions of a small group of declarants who are ideologically opposed to abortion care and at odds with the overwhelming majority of the medical community and the FDA.”

While asking a question of U.S. Deputy Assistant Attorney General Sarah Harrington, Judge Jennifer Walker Elrod referred to mifepristone cutting off “nutrition” to the fetus, which is a false claim cited in the initial ruling written by Texas federal Judge Matthew Kacsmaryk in April. Kacsmaryk referred to mifepristone as a “synthetic steroid that blocks the hormone progesterone, halts nutrition, and ultimately starves the unborn human until death.”

According to Johns Hopkins Medicine, the progesterone hormone is produced in early pregnancy to help thicken the lining of the uterus to support implantation of a fertilized egg. Without that hormone stimulation, which mifepristone blocks, the lining breaks down and the pregnancy cannot continue. It is then followed by doses of misoprostol to induce contractions and expel the pregnancy.  

Former President George W. Bush appointee Elrod – like her fellow Donald Trump appointee Judges James C. Ho and Cory T. Wilson – shares ideological views on abortion with the plaintiffs’ anti-abortion coalition, which is represented by the Alliance Defending Freedom. So does Kacsmaryk, whose since-blocked decision to suspend FDA approval of mifepristone cites anecdotal evidence from plaintiffs

Mifepristone remains legal and on the market as the case winds its way through the legal system, and data from the FDA since the drug’s initial approval in 2000 shows it is overwhelmingly safe to use. Out of an estimated 5.6 million people in 23 years, 28 deaths have been associated with the FDA’s abortion medication regimen, which is a markedly lower rate than many common FDA-approved drugs, like Tylenol and Viagra. And as the FDA has noted, that number includes fatal cases “regardless of causal attribution to mifepristone,” such as people who died from homicide, suicide, and pulmonary emphysema. 

If the plaintiffs prevail, health care providers, medical institutions and pharmaceutical industry organizations have warned of its potentially catastrophic consequences. In addition to radically reducing access to abortion nationwide, removing mifepristone from the market would reduce access for miscarriage treatment, public health experts say, and have far-reaching consequences beyond abortion.

“The implications of this case are extraordinary, and they include the potential termination of access to mifepristone, a precedent for court interference in the FDA’s rigorous and science-based testing and approval process not just for mifepristone, but for any drug,” said Joanne Rosen, a senior lecturer in the departments of Health Policy and Management and Population, Family and Reproductive Health at the Johns Hopkins Bloomberg School of Public Health, during a media briefing hosted by the university Thursday. “This would be the first time in history that a court has abrogated the FDA’s approval of a drug over the objections of the FDA.”

Sympathetic, cynical and combative exchanges

The appeals court judges seemed sympathetic to the narrative brought by the plaintiffs that mifepristone is a dangerous drug, as they were in their previous opinion blocked by the Supreme Court, which would have restricted the use of mifepristone. A big question in this case has been whether the coalition of anti-abortion medical groups and four doctors, including Indiana state Sen. Dr. Tyler Johnson, have standing to sue. Plaintiffs have argued their doctors would suffer direct harm if mifepristone remains on the market.

Like medical and legal scholars following this case, Rosen said plaintiffs’ arguments for standing are weak, and if accepted would open the door to any group that wants to challenge the FDA’s approval of a drug for any reason.  

Plaintiff groups argue that their member doctors could be overwhelmed with a potential future influx of emergency room visits from mifepristone patients, or forced to treat an abortion patient against their will. These claims are based not on robust data but largely on the testimony of handful of plaintiff doctors, three of whom give mostly non-specific anecdotes about treatment they performed for women who allegedly had taken some form of medication abortion, but it’s not clear when the procedures took place and whether it was the FDA’s regimen. 

Harrington argued on behalf of the federal government that plaintiffs had not made claims of being forced to treat abortion patients against their will. 

“They claim injury from speculative downstream effects of choices made by a chain of other people who are not parties to this lawsuit,” Harrington said.

But Wilson pushed back.

“The declarants here said they’ve seen these patients, they’ve cared for them,” he said. “I take that to mean that they treated them and that they expect to see more in the future. How’s that not enough for standing if the doctor also has a conscience objection to doing so?”

The judges made a series of sometimes snarky and combative comments and questions aimed at the attorneys for the U.S. Department of Justice, representing the FDA, and the mifepristone manufacturer Danco Laboratories, and called into question trust in the FDA’s expertise and judgment. 

Echoing plaintiffs’ criticism of the FDA approving mifepristone as part of a particular category of drugs for serious illnesses, Ho said pregnancy is not a serious illness, quipping, “When we celebrated Mother’s Day, were we celebrating illness?”

A question of evidence

And they misstated non-scientific assertions by plaintiffs, such as claiming that non-fatal adverse reporting is no longer required by the FDA. Mifepristone manufacturers (but no longer medical providers) are still required to report non-fatal adverse reactions.

Much of the anti-abortion evidence submitted in this case was authored by researchers who work for the anti-abortion Charlotte Lozier Institute, whose role is to defend abortion bans and restrictions with research. Regarding mifepristone, Charlotte Lozier’s researchers have published articles that mostly speculate large amounts of under-reporting when it comes to abortion complications, and argue the true risk of mifepristone is unknown. 

Another anti-abortion organization, the Family Research Council, also submitted a 125-page amicus brief with false claims that the drug approval was expedited by former President Bill Clinton. It also cites research from the Charlotte Lozier Institute to back claims that the drug is unsafe. 

Judges echoed this sentiment and speculated on the safety of telemedicine abortion and questioned the FDA’s process of loosening restrictions over time. Elrod asked Harrington if a medical provider could examine someone via email rather than video, and if people could use telemedicine as an “intermediary” to send the medication to a state with an abortion ban. Elrod referenced amicus briefs that alleged individuals were engaging in those tactics to skirt state laws. 

Harrington said the statements referenced by Elrod in the briefs are unsupported and irrelevant to the central issue.

“None of that is dictated by the FDA, and none of that is relevant to whether the FDA’s determination that this drug is safe and effective with these conditions in place,” Harrington said.

Elrod pushed back, asking if it was a relevant factor to consider in issuing an injunction that would limit access to the drug. 

“If it’s violating other law, which we have to determine, perhaps, then we have to decide whether or not it’s appropriate to enter an injunction or not and that’s one of the factors we would consider,” Elrod said.

Public health experts say the appeals court’s attitudes toward the science in this case are deeply concerning. 

“Judges and lawmakers should not be substituting their own opinion for the experience, expertise, and authority of the U.S. Food and Drug Administration. Nor should they ignore the substantial weight of scientific evidence from hundreds of studies and millions of patients confirming the safety and effectiveness of mifepristone, which has been used for decades in both medication abortion and miscarriage management,” said AMA President Dr. Jack Resneck Jr. in a recent statement

Even if the appeals court rules to restrict or revoke approval of mifepristone, the federal government will most likely appeal the case to the U.S. Supreme Court. Regardless, the 5th Circuit Court judges’ reasoning could prove influential to the Supreme Court’s eventual decision. 

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