Morning Briefing
Summaries of health policy coverage from major news organizations
Department Of Justice Sues State Of Texas Over Abortion 'Scheme'
Politico: DOJ Sues Texas Over Abortion Law
The Biden administration on Thursday sued the state of Texas over its highly restrictive abortion law that the Supreme Court allowed to take effect last week. “The act is clearly unconstitutional under longstanding Supreme Court precedent,” Attorney General Merrick Garland said in a news conference. “This kind of scheme to nullify the Constitution of the United States is one that all Americans, whatever their politics or party, should fear.” (Niedzwiadek and Gerstein, 9/9)
The Texas Tribune: Texas’ “Fetal Heartbeat” Abortion Ban Target Of Justice Department Lawsuit
The Texas statute, which went into effect Sept. 1, is considered one of the most restrictive abortion laws in the nation. It prohibits abortions once a “fetal heartbeat” — a term medical and legal experts say is misleading — can be detected, which can be as early as six weeks into pregnancy, before many people know they’re pregnant. Providers say that the law prevents at least 85% of the procedures previously completed in the state. Garland said Texas' statute is "invalid under the Supremacy Clause and the 14th Amendment, is preempted by federal law and violates the doctrine of intergovernmental immunity." (Oxner and Bohra, 9/9)
CNN: Stephen Breyer Calls Supreme Court Decision On Texas Abortion Law 'Very, Very, Very Wrong'
US Supreme Court Justice Stephen Breyer called the high court's recent refusal to block a controversial Texas law that bars abortions at six weeks "very, very, very wrong." "I'll add one more 'very,' " the liberal Justice told NPR in an interview published Thursday. "And I wrote a dissent. And that's the way it works." Breyer's comments build on his pointed dissent in the Supreme Court's 5-4 ruling that allowed the Texas law -- which is one of the strictest in the nation and bans abortion before many people know they are pregnant -- to remain on the books. (LeBlanc, 9/9)
The New York Times: As Abortion Rights Expand, The U.S. Joins A Handful Of Telling Exceptions
The story of abortion rights in the 21st century can be seen in two world-shaking developments this past week. In the first, the U.S. Supreme Court effectively upheld drastic new abortion restrictions in Texas. A few days later, Mexico’s high court paved the way for nationwide legalization. It may be tempting to see Mexico’s ruling as the more surprising, catapulting the world’s second most populous Catholic country on a deeply contentious social matter. But experts say it is the United States that stands out. (Fisher, 9/9)
The New York Times: Here’s What The Texas Abortion Law Says
A new Texas law that the Supreme Court did not block last week has made abortion functionally illegal in the state. Several other states have tried over the years to limit or ban abortions before fetal viability but have not managed to maneuver past the courts. Texas lawmakers did so through a unique legal approach. The law, Senate Bill 8, bans most abortions after about six weeks — before many people know they are pregnant — and authorizes citizens to enforce it. Abortion providers in Texas said that 85 to 90 percent of the procedures they previously performed were after the six-week mark. (Astor, 9/9)
AP: Texas Law Gives Limited Window For Abortions
Gov. Greg Abbott, in defending Texas’ near-ban on abortions, says women and girls who are raped won’t be forced to give birth because the new law “provides at least six weeks for a person to be able to get an abortion.” But that’s not how pregnancy works. ... Typically, women don’t test for pregnancy until after they’ve missed a period. Those with irregular cycles or unplanned pregnancies may not learn of the pregnancy until after the six-week mark. Extra-sensitive pregnancy tests can sometimes detect a pregnancy about five or six days before a missed period. That means someone who has regular periods and is carefully tracking her cycle could know of a positive result no earlier than about four weeks into a pregnancy. That would give her two weeks or less to get an abortion in Texas. (Bleed and Stengle, 9/9)
In other abortion news —
The Washington Post: ‘Roe Baby’ Whose Conception Sparked Landmark Abortion Ruling Comes Forward To Share Her Name — And Her Story
The child of “Jane Roe,” whose conception brought about the Supreme Court’s decision in Roe v. Wade on a woman’s legal right to an abortion, came forward for the first time Thursday after decades of secrecy where she was known only as the “Roe baby.” Shelley Lynn Thornton was publicly identified in an excerpt published in the Atlantic of journalist Joshua Prager’s upcoming book “The Family Roe: An American Story,” which explores those connected to the landmark 1973 case. In the excerpt, Thornton, 51, of Tucson, opened up about her life and the complex family history connected to the “Roe baby” over the last half-century. (Bella, 9/9)
Indianapolis Star: Federal Appeals Court Says Indiana Can Keep Enforcing Abortion Laws
A federal appeals court has said Indiana can continue enforcing five abortion restrictions while the state appeals the original lawsuit challenging those restrictions. In an order issued Wednesday two judges with the Seventh Circuit Court of Appeals said Indiana's challenged abortion laws, which a federal judge in Indiana said were unconstitutional in August, can remain in place because the state may win its legal case in favor of those laws in the long-term. "All we hold today is that existing precedents provide strong grounds for concluding that Indiana is likely to prevail on the contested issues," the two judges wrote after citing past U.S. Supreme Court cases. (Magdaleno, 9/9)
