Roe vs Wade
Abortion foes downplay complex post-Roe v. Wade realities
When a 10-year-old Ohio girl traveled to Indiana last month to end a pregnancy forced onto her by a rapist, several conservative politicians and TV pundits called the report a hoax.
After horrific details confirmed the case was real, some tried a new tack: claiming, without evidence, that the child could have still legally obtained an abortion in Ohio under a near-total abortion ban that exempts only mothers whose lives or major bodily functions are at risk once fetal cardiac activity is detected.
Catherine Glenn Foster, president of the anti-abortion Americans United for Life, added another defense for young rape victims: She told the House Judiciary Committee that a 10-year-old’s pregnancy “would probably impact her life and so, therefore, it would fall under any exception and would not be an abortion.”
In televised statements and interviews, anti-abortion advocates have used misleading rhetoric about abortion access to downplay fallout and complications from restrictive abortion laws as doctors, struggling to interpret laws that have largely been untested in courts, turn away pregnant patients for care.
Those efforts have had an immediate impact, casting a narrative about a post-Roe v. Wade world that overlooks how abortion laws enacted in recent weeks have complicated the way doctors treat rape victims, miscarriages and ectopic pregnancies.
More than half a dozen doctors interviewed by The Associated Press said they feel compromised and uncertain operating in an abortion landscape fundamentally changed by a U.S. Supreme Court ruling that rejected nearly 50 years of precedent that abortion was a protected constitutional right.
“It’s a horrible position for health care providers to be in, to be unsure about what’s legal and what’s not legal, and to be questioning the care that they know that they should provide,” said Dr. Jennifer Kerns, an associate professor in the department of obstetrics, gynecology and reproductive sciences at the University of California, San Francisco.
Ohio Attorney General Dave Yost, who initially questioned reporting of the 10-year-old girl’s rape case, said in a Fox News Channel interview that she did not have to leave Ohio for abortion treatment, citing the state’s exemptions. Last week, Ohio Right to Life President Mike Gonidakis repeated the claim during a public forum: “She could have had that abortion here.” The law’s Republican sponsor said the same in a newspaper column published Thursday.
But it’s not as clear cut as they’ve suggested.
The state’s nonpartisan Legislative Service Commission confirmed in an analysis that the age of a mother, alone, would not allow a girl to legally access the procedure in the state. Doctors in Ohio are required to document a medical condition and rationale if they administer an abortion to provide life-saving treatment.
Yost’s office did not return a request for additional comment. Gonidakis laid out “different scenarios” to the AP under which the girl might have been able to access the abortion in Ohio, such as if a doctor agreed her life was at risk because of her age, while noting that he had not reviewed her medical records.
Read: Overturning of Roe v Wade abortion law huge blow to women's rights: Bachelet
Across social media, some conservatives have also minimized concerns about access to treatment for ectopic pregnancies, calling it “still legal in every state.” An ectopic pregnancy is defined as one in which a fertilized egg grows outside the uterus, where it has no chance of survival.
Earlier this month, abortion opponent Erin Morrow Hawley told the House Reform and Oversight Committee that ectopic pregnancies had become the subject of “misinformation.”
“There have been social media posts suggesting that women won’t get treated for an ectopic pregnancy because doctors might be afraid of performing the procedure, but that’s absolutely false,” said Hawley, an attorney at the religious nonprofit Alliance Defending Freedom. “Treatment for an ectopic pregnancy is not, in fact, an abortion.”
State abortion laws, however, have fueled confusion.
Doctors generally agree that the procedure to an end an ectopic pregnancy, which typically includes medication or surgery to remove the pregnancy, is not the same as an abortion.
But women reportedly have been declined care in states that have severely restricted abortion access, like Ohio, where an abortion is banned once fetal cardiac activity is detected. Fetal heartbeats can still be present in ectopic pregnancies. In one case, a central Texas hospital told a physician not to treat an ectopic pregnancy until it ruptured, per a letter from the Texas Medical Association.
In an email to the AP, Hawley said that doctors who have turned away ectopic pregnancy patients because of abortion bans are misinterpreting the laws.
Still, before Roe v. Wade was even overturned by the Supreme Court in June, some religious hospitals had policies against treating women for ectopic pregnancies.
And many states have not specified in their newly enacted abortion bans that an ectopic pregnancy can be treated as an exception. That’s left doctors in some states leery of ending the pregnancy, said Dr. Kate White, an associate professor of obstetrics and gynecology at Boston University School of Medicine. Lawmakers in West Virginia, for example, are considering an abortion ban that would carve out an exception for ectopic pregnancies.
Read: Judges rule on state abortion restrictions, shape Roe impact
“Clinicians may be afraid to treat it if the abortion law in their state does not explicitly carve out ectopic pregnancy. You can see their worry, ‘Hey, growing pregnancy, can’t interrupt it ever,’” White said. “They are afraid that the law is too broad.”
2 years ago
Facing pressure, Biden to sign order on abortion access
President Joe Biden will take executive action Friday to protect access to abortion, the White House said, as he faces mounting pressure from fellow Democrats to be more forceful on the subject after the Supreme Court ended a constitutional right to the procedure two weeks ago.
The White House said Biden will speak Friday morning “on protecting access to reproductive health care services.” The actions he was expected to outline are intended to try to mitigate some potential penalties women seeking abortion may face after the ruling but are limited in their ability to safeguard access to abortion nationwide.
Biden is expected to formalize instructions to the Departments of Justice and Health and Human Services to push back on efforts to limit the ability of women to access federally approved abortion medication or to travel across state lines to access clinical abortion services.
Biden’s executive order will also direct agencies to work to educate medical providers and insurers about how and when they are required to share privileged patient information with authorities — an effort to protect women who seek or utilize abortion services. He will also ask the Federal Trade Commission to take steps to protect the privacy of those seeking information about reproductive care online and establish an interagency task force to coordinate federal efforts to safeguard access to abortion.
The White House said it will also convene volunteer lawyers to provide women and providers with pro bono legal assistance to help them navigate new state restrictions after the Supreme Court ruling.
Read: Post-Roe, states struggle with conflicting abortion bans
The order, after the high court’s June 24 ruling that ended the nationwide right to abortion and left it to states to determine whether or how to allow the procedure, comes as Biden has faced criticism from some in his own party for not acting with more urgency to protect women’s access to abortion. The decision in the case known as Dobbs v. Jackson Women’s Health Organization overturned the court’s landmark 1973 Roe v. Wade ruling.
Since the decision, Biden has stressed that his ability to protect abortion rights by executive action is limited without congressional action.
“Ultimately, Congress is going to have to act to codify Roe into federal law,” Biden said last week during a virtual meeting with Democratic governors.
The tasking to the Justice Department and HHS is expected to push the agencies to fight in court to protect women, but it conveys no guarantees that the judicial system will take their side against potential prosecution by states that have moved to outlaw abortion.
“President Biden has made clear that the only way to secure a woman’s right to choose is for Congress to restore the protections of Roe as federal law,” the White House said. “Until then, he has committed to doing everything in his power to defend reproductive rights and protect access to safe and legal abortion.”
2 years ago