Morning Briefing
Summaries of health policy coverage from major news organizations
Judge Finds Indiana Post-Abortion Fetal Burial Law Unconstitutional
Indianapolis Star: Judge Blocks Indiana Abortion Law Requiring Fetal Burial, Cremation
A federal judge has barred Indiana from enforcing a law that forced health care providers to bury or cremate fetal tissue. U.S. District Judge Richard L. Young found the law, which was signed by former Gov. Mike Pence in 2016, violates the U.S. Constitution because it infringes upon the religious and free speech rights of people who do not believe aborted fetuses deserve the same treatment as deceased people. (Magdaleno, 9/28)
In abortion news from Ohio and Iowa —
AP: Pause On Ohio 'Heartbeat' Abortion Ban Extended To Oct. 12
A judge extended a temporary block Tuesday on an Ohio law banning virtually all abortions for an additional 14 days, further pausing a law that had taken effect after federal abortion protections were overturned by the U.S. Supreme Court in June. The decision by Hamilton County Judge Christian Jenkins means pregnancy terminations through 20 weeks’ gestation may continue in Ohio through Oct. 12. (Smyth, 9/27)
Des Moines Register: Iowa Lawyers Want 'Fetal Heartbeat' Abortion Ban Reinstated
Lawyers for Gov. Kim Reynolds say a blocked six-week abortion ban should be allowed to go into effect, as recent court decisions have drastically changed the bedrock of Iowa law. Abortion is less protected now under the law than it was when Reynolds signed the "fetal heartbeat" law in 2018, they contend. (Akin, 9/27)
From South Carolina, Idaho, and Texas —
AP: South Carolina Lawmakers Won't Pass Stricter Abortion Laws
Abortion laws in South Carolina almost certainly won’t get more restrictive, after Republicans in the General Assembly could not agree on a total ban on the procedure during a special legislative session Tuesday. South Carolina was for decades at the forefront of more restrictive abortion laws that challenged Roe v. Wade even before the landmark case was overturned by the U.S. Supreme Court this summer. The state requires ultrasounds, parental consent and 24-hour waiting periods before abortions. (Collins, 9/27)
Boise State Public Radio News: White House Responds To University Of Idaho Email Regarding Abortion
The White House has issued a statement criticizing an email the University of Idaho sent to employees last week. “For years, GOP officials have gone after contraception and family planning services. After the Supreme Court’s decision in Dobbs, GOP officials appear more empowered to strip Americans of their basic rights," wrote White House Press Secretary Karine Jean-Pierre on Twitter. (Luchetta and Kloppenburg, 9/27)
The Texas Tribune: Texas Abortion Funds Worry Ken Paxton Will Sue Over Out-Of-State Abortions
A federal judge heard arguments Tuesday about Texas Attorney General Ken Paxton’s role in enforcing the state’s abortion laws — and whether Paxton should be called to the stand to explain things himself. (Klibanoff, 9/27)
The Texas Tribune: Texas’ Largest Anti-Abortion Group Suspends Support For Sen. Robert Nichols
A leading statewide anti-abortion group suspended its endorsement of state Sen. Robert Nichols this week after the Republican leader from Jacksonville said he’d support a loosening of Texas’ abortion ban. (Salhotra, 9/27)
On prosecuting women for abortions —
The Washington Post: GOP Governor Nominee Once Urged Murder Charges For Women Getting Abortions
Doug Mastriano, a Pennsylvania state senator who is the GOP nominee for governor, said in 2019 that women who violated his proposed abortion ban should be charged with murder. NBC News on Tuesday resurfaced a 2019 interview in which Mastriano, speaking to Pennsylvania radio station WITF, spoke about a bill he was sponsoring in the state legislature that would have outlawed abortion as soon as cardiac activity is detected, around six weeks of pregnancy. (Alfaro, 9/28)
ABC News: Prosecuting Pregnancy Loss: Why Advocates Fear A Post-Roe Surge Of Charges
For Chelsea Becker, a fourth pregnancy at 25 years old was complicated from the start, challenged by her homelessness and an addiction to methamphetamine. It ended in a stillbirth, a murder charge and more than 16 months behind bars in California. (Dwyer and See, 9/28)
Also —
Reuters: U.S. Justice Alito Says He Is Mindful Of 'Real World' Impact Of Supreme Court
U.S. Supreme Court Justice Samuel Alito, author of a blockbuster ruling that revoked nationwide abortion rights, said on Tuesday that his Catholic faith requires him to consider the real-world implications of his decisions on the nation's highest court. Speaking to a sympathetic audience shortly before the court begins its next term, the conservative justice did not discuss the abortion ruling or other landmark decisions on guns and federal power issued earlier this year. (Thomsen, 9/27)
The New York Times: What It Costs To Get An Abortion Now
L.V. found out she was pregnant on Aug. 7. The next day she called Women’s Health and Family Care in Jackson, Wyo. — the only abortion provider in the state — to schedule an abortion. She was told the procedure would typically cost $600 at the clinic, but a state law banning abortion might take effect soon. In that case, she would have to travel out of state, setting her back even more. L.V., who asked to be identified only by her initials, panicked. She had recently been in a car accident and had outstanding medical and car bills to pay. (McCann, 9/28)
