Morning Briefing
Summaries of health policy coverage from major news organizations
Justice Department 'Urgently' Exploring Challenges To Texas Abortion Ban
The Texas Tribune: Texas’ Abortion Ban Faces Potential Justice Department Challenge
U.S. Attorney General Merrick Garland said Monday the Department of Justice is “urgently” exploring ways to challenge Texas’ strict new abortion law, but did not specify what options were being considered. Garland’s statement in a press release comes days after the U.S. Supreme Court denied Texas abortion providers an emergency injunction against the new law banning abortions after fetal cardiac activity can be detected, which can occur as early as six weeks into pregnancy, when many don’t know they are pregnant. The Supreme Court stated it was not ruling on the constitutionality of the law but was refusing to block it at this point. (Bohra, 9/6)
AP: Justice Department Will 'Protect' Abortion Seekers In Texas
The Justice Department said Monday that it will not tolerate violence against anyone who is trying to obtain an abortion in Texas as federal officials explore options to challenge a new state law that bans most abortions. Attorney General Merrick Garland said the Justice Department would “protect those seeking to obtain or provide reproductive health services” under a federal law known as the Freedom of Access to Clinic Entrances Act. (9/6)
The Wall Street Journal: Justice Department Looks For Ways To Challenge Texas Abortion Law
Officials have reached out to federal prosecutors and Federal Bureau of Investigation field offices across Texas to discuss how to enforce the federal law, known as the 1994 Freedom of Access to Clinic Entrances Act, he said. “The department will provide support from federal law enforcement when an abortion clinic or reproductive health center is under attack,” Mr. Garland said. (Gurman and Collins, 9/6)
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Axios: Lyft, Uber To Pay Legal Fees For Drivers Sued Under Texas Abortion Ban
Lyft and Uber will cover all legal fees for drivers sued under a new Texas law that imposed a ban on abortions after six weeks. The law is one of the most restrictive abortion bans in the U.S., and prohibits the practice after a fetal heartbeat is detected — before many people know they are pregnant, Axios' Oriana Gonzalez writes. (Frazier, 9/3)
The Washington Post: A Website For ‘Whistleblowers’ To Expose Texas Abortion Providers Was Taken Down — Again
After a Texas law restricting abortion went into effect Wednesday, an antiabortion organization had hoped to out those involved in unlawful procedures by collecting anonymous tips online. But Texas Right to Life’s website, ProLifeWhistleblower.com, which invited people to inform on those obtaining or facilitating abortions, has not stayed up for long, as website registration providers have said the online form to submit “whistleblower” reports violates their rules. On Monday, the organization confirmed that the website redirects to its main page as it seeks to find a new digital home for the form. (Kornfield, 9/6)
The 19th: Criminal Convictions For Abortion, Miscarriage? Texas Abortion Ban Previews Life Without Roe V. Wade
Defense attorneys say there’s a history of criminal convictions over abortion, miscarriage and stillbirth that will be exacerbated if Roe v. Wade is overturned. (Rodriguez, 9/2)
The Washington Post: The Texas Abortion Ban Shocked Many. It Shouldn’t Have, Advocates Say.
Once S.B. 8 took effect on Wednesday, the law dominated conversations on social media, as many finally seemed to realize that this is the strictest antiabortion law to take effect since Roe v. Wade. Major media organizations amped up their coverage; President Biden condemned the law, after saying little about abortion through the first eight months of his presidency. Big protests were expected in Austin, though those saw smaller crowds than anticipated. Still, [Dr. Joe] Nelson and other abortion advocates are happy to see the country focused on this law. Many are just wondering why it took so long.
Politico: Abortion Fight Adds To Biden's Growing Policy Backlog
Joe Biden wants to marshal the full power of the federal government to fight back against a ban on most abortions in Texas. But the president’s efforts may end the same way as so many other elements of his ambitious agenda: with success proving elusive. The White House is heavily reliant on Congress for action to preserve abortion rights, just as he is on voting protections, gun safety and virtually every other domestic policy goal. But with razor-thin Democratic majorities and the need for 60 votes to pass relevant legislation in the Senate, Biden’s opportunities for meaningful victories are dimming. (Kumar and Cadelago, 9/7)
Politico: ‘A Private Matter’: Joe Biden’s Very Public Clash With His Own Church
If it’s personal, it certainly isn’t private. It is a debate in full public view, a collision of religion and politics never seen in the American presidency — with a clash between his stance on abortion and church dogma now unavoidable. The Supreme Court’s decision this week to allow a highly restrictive Texas abortion law to take effect — and [President] Biden’s public statement that the law “blatantly violates the constitutional right established under Roe v. Wade” — has put the country’s most polarizing social issue once again at the center of American politics. Biden may soon find that the line he’s walked over four decades of public life — as a politician of ostentatious faithfulness who also insists his faith is a private matter — is no longer available to him. (Cramer, 9/5)
KHN: Telemedicine Abortions Offer Cheaper Options But May Also Undermine Critical Clinics
A change in FDA rules during the pandemic has let women receive the drugs needed for a medical abortion by mail after a telemedicine appointment. While some abortion rights advocates hail the move, others note that these services, which are often cheaper than going to a clinic, could siphon away patients needed to keep those brick-and-mortar facilities operating. (Littlefield, 9/3)
