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Morning Briefing

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Wednesday, Sep 5 2018

Full Issue

Kavanaugh's Opinion On Immigrant Teen's Abortion Rights Comes Under Fire As Roe Concerns Loom Over Hearing

In a recent lawsuit where an undocumented teenage immigrant sued to be allowed to have an abortion, Brett Kavanaugh wrote that HHS shouldn't be required to allow an abortion and that a delay until the plaintiff found a sponsor didn't constitute "undue burden." Many of the raucous protests at the hearings were sparked by concerns about women's rights.

The Wall Street Journal: Roe V. Wade Likely To Play Starring Role At Kavanaugh Hearings

Abortion is expected to figure prominently at the Senate confirmation hearings for Supreme Court nominee Brett Kavanaugh. Since Republican President Trump announced his pick to replace Justice Anthony Kennedy, Democrats and abortion-rights activists have expressed alarm about the fate of Roe v. Wade, the 45-year-old ruling that first established abortion as a fundamental right under the Constitution. As a guide, here are some questions and answers about the abortion legal landscape, how it could change, and what to expect at the hearings. (Gershman, 9/4)

Modern Healthcare: Partisan Sparring Marks Day 1 Of Kavanaugh Hearings

Once opening statements launched [on Tuesday], Democrats homed in on core issues starting with Roe v. Wade and gun control, noting Trump's promise to conservatives that he would appoint a "pro-life and pro-gun" judge. "We cannot find the documents that absolve from that conclusion" that Kavanaugh is such a judge, Sen. Diane Feinstein (D-Calif.) said in her opening statement. Feinstein said she feared that his nomination put "what women have won through Roe and a host of privacy cases" at stake. On abortion, Feinstein referenced Kavanaugh's opinion in the well-publicized Garza v. Hargan lawsuit; in that case an undocumented minor sued HHS after the department blocked her from obtaining an abortion while she was in its custody. (Luthi, 9/4)

NPR: Kavanaugh Hearings, Day 1: Protesters Focus On Roe; Attempted Handshake Goes Viral

There were frequent disruptions by demonstrators inside the hearing room, often interrupting the Democrats' interruptions. Many expressed concerns over the fate of Roe v. Wade, the 1973 Supreme Court decision that legalized abortion. At one point, a protester could be heard shouting "more women are going to be subject to back-alley abortions." And outside the hearing room a group of women dressed in bonnets and red robes from The Handmaid's Tale stood silently. U.S. Capitol Police say they arrested a total of 70 demonstrators Tuesday. (Naylor, 9/4)

The Hill: Planned Parenthood Targets Kavanaugh In New Ads Launched On First Day Of Confirmation Hearing

The TV ads will air in Washington, D.C., and Alaska, home of Sen. Lisa Murkowski (R), a key vote in the confirmation process. The ads in D.C. will air through this week on MSNBC's "Morning Joe" and NBC's "Meet the Press" Sunday. Ads in Alaska will air on TV and radio. The ads highlight the "risk" Kavanaugh's nomination poses to abortion access in the U.S. and urges senators to vote against his confirmation. (Hellmann, 9/4)

Meanwhile, for many women, access to abortion is already highly restricted —

Los Angeles Times: For Many Women Across The U.S., It’s Already A Post-Roe Reality

If the Senate confirms Brett Kavanaugh, President Trump’s Supreme Court nominee, the high court will have a consistently conservative majority. As a result, Roe vs. Wade, which legalized abortion nationwide, would be vulnerable. The most dramatic possibility would be that it is overturned outright. That would return the decision to the states about whether to ban or limit abortion. Though Trump campaigned on a promise to appoint judges who would overturn Roe vs. Wade, a more likely scenario is that a conservative Supreme Court would approve restrictions that eliminate certain protections for abortion rights without making the practice illegal. To understand what could happen, it’s crucial to look at the reality of abortion across the country today. (Shalby and Krishnakumar, 9/4)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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