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Morning Briefing

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Friday, Feb 17 2023

Full Issue

Kentucky Supreme Court Won't Halt Abortion Bans During Litigation

Kentucky Supreme Court justices Thursday sent challenges to the state's abortion trigger law and six-week ban back down to lower courts for further consideration of constitutional issues, and refused the request by providers to lift the measures while the case plays out in court.

Axios: Kentucky Supreme Court Refuses To Block State Abortion Bans

The Kentucky Supreme Court on Thursday rejected a request from abortion providers to block the state's trigger law and six-week ban. The decision comes months after voters rejected a ballot measure that was considered a major win for abortion rights in the red state. (Gonzalez, 2/16)

AP: Kentucky High Court Lets Near-Total Abortion Ban Continue

Abortion access in Kentucky remained virtually shut off Thursday after the state’s highest court refused to halt a near-total ban that has largely been in place since Roe v. Wade was overturned. Kentucky’s Supreme Court, which was weighing challenges to the state’s near-total ban and a separate one that outlaws abortion after the sixth week of pregnancy, sent the case back to a lower court for further consideration of constitutional issues related to the more restrictive ban. (Schreiner, 2/16)

In other news related to abortion —

The Texas Tribune: Judge Dismisses Wendy Davis’ Challenge To Texas Abortion Ban

A federal judge has dismissed a narrow challenge to Texas’ ban on abortions after about six weeks of pregnancy. The lawsuit was brought by former State Sen. Wendy Davis, best known for her 13-hour filibuster of a 2013 abortion bill. The lawsuit, filed in April, challenges the 2021 Texas law known as Senate Bill 8, which allows private citizens to sue anyone who “aids or abets” in an abortion after fetal cardiac activity is detected, usually around six weeks of pregnancy. (Klibanoff, 2/16)

The Hill: Pentagon To Allow Up To 3 Weeks Of Leave To Service Members For Abortion Travel

The Pentagon will allow service members up to three weeks of leave to travel for abortions and other noncovered reproductive health care, according to a slate of new policies announced on Thursday. (Shapero, 2/16)

On abortion medication —

The Hill: Democratic AGs Urge CVS, Walgreens To Continue With Plans To Dispense Abortion Pills

Democratic attorneys general on Thursday urged CVS and Walgreens not to back down from their respective plans to offer mifepristone and misoprostol in retail pharmacies in the wake of threats from GOP-led states. In a letter, a coalition of 23 state attorneys general said the company’s executives should ignore the threats of legal retaliation from Republican states. (Weixel, 2/16)

Meanwhile —

Roll Call: Conservatives Use Abortion Strategies In Fight Over Trans Care 

Republicans hoping to elevate conservative messaging about health care and services for transgender individuals have followed the same playbook that they used to advance anti-abortion legislation: starting in the states, focusing initially on minors. But now, that fight is blooming into one that conservatives see as a potent campaign issue in 2024. (Raman, 2/16)

The Washington Post: Maryland Lawmakers Wants To Enshrine Teaching Gender Identity Into Law

The Maryland school district was supposed to stick to a state framework that guides educators on how and when to teach about sex and gender identity. Instead, Carroll County, a rural district that borders Pennsylvania, over the past several months designed an alternative health-education plan that struck references to gender identity and sexual orientation. (Wiggins, 2/16)

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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