Morning Briefing
Summaries of health policy coverage from major news organizations
Kansas High Court Affirms Abortion Access Still 'Fundamental Right'
AP: Kansas High Court Signals Continued Abortion Rights Support
Kansas’ highest court signaled Monday that it still considers access to abortion a “fundamental” right under the state constitution, as an attorney for the state argued that a decisive statewide vote last year affirming abortion rights “doesn’t matter.” The state Supreme Court is considering exactly how far the Republican-controlled Legislature can go in restricting abortion under a 2019 decision protecting abortion rights. The justices heard arguments from attorneys for Kansas and abortion providers in two lawsuits but isn’t likely to rule for months. (3/27)
Axios: Georgia's Six-Week Abortion Ban Has Its Big Day In Court
The future of abortion access in Georgia will hang in the balance as the state's Supreme Court hears arguments Tuesday in a case on the state's six-week abortion ban. Why it matters: This case represents abortion rights advocates' last significant legal chance to overturn Georgia's anti-abortion law, which is in effect and has been snarled in federal and state courts since 2019. (Hurt, 3/27)
Slate: Personhood Laws: The Real End Goal Of The Anti-Choice Texas Abortion Lawsuit
Even the conservative Supreme Court doesn’t seem ready to sign off on personhood—when an antiabortion group in Rhode Island asked the conservative supermajority to take on the issue recently, the justices turned down their request. Justice Brett Kavanaugh, a likely key vote in any personhood case, wrote less than a year ago that the “Constitution is neither pro-choice or pro-life.” In overturning Roe v. Wade, meanwhile, Kavanaugh and the other conservatives stressed what they described as a surge in support for ending abortion rights in conservative states. At the moment, there is no comparable trend in red states when it comes to personhood. Further, finding fetal protections in the Constitution this quickly after proclaiming the neutrality of the Constitution might be too much, even for Kavanaugh. (Ziegler, 3/28)
AP: New Maryland Provider Opening In Post-Roe 'Abortion Desert'
A new abortion provider is opening this year in Democratic-controlled Maryland — just across from deeply conservative West Virginia, where state lawmakers recently passed a near-total abortion ban. The Women’s Health Center of Maryland in Cumberland, roughly 5 miles (8 kilometers) from West Virginia, will open its doors in June — a year after the U.S. Supreme Court overturned federal abortion protections — to provide abortions to patients across central Appalachia, a region clinic operators say is an “abortion desert.” (Willingham, 3/27)
On abortion pills —
The Hill: Duckworth Asks FTC To Investigate Drug Distributor Over Abortion Pill
Sen. Tammy Duckworth (D-Ill.) is asking the Federal Trade Commission to investigate reports that drug distributor AmeriSourceBergen is refusing to distribute Mifeprex to retail pharmacies in certain states, but was continuing to sell directly to health providers. In a letter sent Monday to FTC Chair Lina Kahn, Duckworth accused the company of exploiting the political climate around abortion medication in order to maximize profits. (Weixel, 3/27)
In other reproductive health news from Idaho and Wisconsin —
AP: Idaho Bill To Provide Free Period Products In Schools Fails
A bill that would have provided free menstrual products in girls bathrooms in Idaho public schools failed in the state House, with at least one Republican lawmaker calling the proposal “very liberal.” The measure advanced earlier this month from the House Education Committee with a “do pass” recommendation. It failed on the House floor 35-35 last week. (3/27)
Milwaukee Journal Sentinel: City's Free Doula Program Serves 171 Milwaukee Mothers And Counting
Monica Cook was a mother of two, with her third on the way, when she sat down with her doula to have a serious talk. Cook decided she wanted to deliver her baby without medication — no epidural or other drugs — until and unless she reached the point where she could no longer take it. She wanted to fully experience labor and delivery. (Shastri, 3/27)
In related news from Alaska —
Anchorage Daily News: State Agency: Dunleavy’s ‘Parental Rights’ Bill Could Violate Alaska Constitution
A “parental rights” education bill proposed by Gov. Mike Dunleavy could be found to violate the state’s constitution, according to an agency charged with analyzing proposed legislation in Alaska. Counsel for the Legislative Affairs Agency wrote in a memorandum requested by Rep. Jennie Armstrong, D-Anchorage, that Dunleavy’s bill “will likely raise challenges” under the Alaska constitution’s privacy clause, which is one of the strongest in the nation and has been used to defend abortion access in the state. (Samuels, 3/27)
