Morning Briefing
Summaries of health policy coverage from major news organizations
Oklahoma Court Loosens Abortion Ban To Allow Saving A Woman's Life
The Washington Post: Oklahoma Must Allow Abortion If Mother’s Life Is Threatened, Court Rules
The Oklahoma Supreme Court overturned part of the state’s near-total abortion ban, ruling in a 5-to-4 decision that the procedure would be lawful if there is a reasonable chance that a pregnancy could threaten a pregnant person’s life. Oklahoma’s constitution protects the right to an abortion if “the woman’s physician has determined to a reasonable degree of medical certainty” that continuing “the pregnancy will endanger the woman’s life,” the court’s justices said in Tuesday’s ruling. “Absolute certainty” that the pregnancy will be life-threatening isn’t required, but “mere possibility or speculation” is insufficient, they added. (Jeong, 3/22)
Slate: Another Red-State Supreme Court Finds a Constitutional Right to Lifesaving Abortions
The scope of this standard is not entirely clear, but it suggests that a patient can undergo an abortion if the doctor determines there will be a threat to her life at some future point “during the pregnancy.” This standard is different from that in Texas, where doctors are waiting until pregnant patients are on death’s door rather than terminating when conditions emerge that could be fatal later in the pregnancy. As the majority noted, “absolute certainty” that the condition would kill a patient if untreated “is not required,” though “mere possibility or speculation is insufficient.” In a long concurrence, Justice Yvonne Kauger, joined by Justices James Edmondson and Doug Combs, tried to clarify the new rule. A physician, she wrote, need not “wait until their patient has a seizure, a stroke, experiences multiple organ failure, goes septic, or goes into a coma” before terminating a dangerous pregnancy. The reasonable likelihood of life-threatening conditions justifies an immediate abortion. (Stern, 3/21)
In abortion updates from Wyoming and Wisconsin —
AP: Judge To Consider Allowing Abortions To Resume In Wyoming
A judge will hear arguments Wednesday over whether abortions will be allowed in Wyoming while a sweeping new ban gets challenged in her court. The ban took effect Sunday, making abortion illegal in Wyoming despite earlier rulings by Teton County District Court Judge Melissa Owens that blocked an earlier ban hours after it took effect last summer. (Gruver, 3/22)
AP: Evers Pushes To Repeal Abortion Ban Ahead Of Court Election
Wisconsin Gov. Tony Evers and his fellow Democrats worked Tuesday to keep the spotlight on abortion ahead of next month’s state Supreme Court election, resurrecting a bill that would repeal the state’s 1849 ban on the practice. (Richmond, 3/21)
The 19th: Wisconsin Supreme Court Election: Abortion Takes Center Stage In Debate
The two candidates in a pivotal race for Wisconsin Supreme Court sparred on abortion access and judicial independence in their only one-on-one debate, held Tuesday afternoon. The election between liberal Janet Protasiewicz and conservative Dan Kelly will decide the balance of the court and likely the fate of abortion in the state, where it has been inaccessible since the Supreme Court overturned Roe v. Wade in June. (Panetta, 3/21)
From Alabama, Florida, Kansas, Nevada, and Utah —
WUSF Public Media: A Florida Senate Panel Advances A Measure To Ban Most Abortions At 6 Weeks
A Florida bill that would limit most abortions after six weeks of pregnancy began moving forward in the state Senate on Monday. The bill (SB 300) cleared the Senate's Republican-controlled Committee on Health Policy while several amendments brought by the panel's three Democratic members failed. Under proposal, moving to a six-week limit would be contingent on the Florida Supreme Court effectively upholding the 15-week law. A decision may not come until the legislative session ends in May. (Carter, 3/21)
AP: Kansas Could Soon Approve 'Born Alive' Abortion Bill
A Kansas proposal based on the disputed idea that providers leave newborns to die after unsuccessful abortions is nearing legislative approval, as Republicans pursue limited anti-abortion measures following a decisive statewide vote last year protecting abortion rights. (Hanna, 3/22)
Politico: Abortion Pill Access Threatened In Nevada Amid Legal Uncertainty
Sen. Catherine Cortez Masto (D-Nev.) is condemning one of the nation’s biggest pharmaceutical wholesalers — AmerisourceBergen — over what she said is its refusal to distribute abortion pills to retail pharmacies in her state. The state’s senior U.S. senator said the company’s government affairs and legal teams informed her staff on Friday that Nevada is one of 29 states where it will not supply pharmacies with the Mifeprex, the brand name of the FDA-approved abortion drug mifepristone. The company will, however, continue to supply the drug directly to physicians. (Ollstein, 3/21)
The Guardian: She Was One Of Alabama’s Last Abortion Doctors. Then They Came For Everything She Had
Torres has long been in the public eye. As a proud, loud abortion provider who is well known on social media, she has made many enemies. But since the state of Alabama took her medical license away, dragging her through a $115,000 legal battle that put her out of work for seven months, fear follows her around, like a stranger ready to snatch her in the night. (Noor, 3/22)
The 19th: Only 1 Percent Of Utah's Abortions Are Performed In Hospitals
Exclusive research provided to The 19th shows that almost all of the abortions in Utah were done in clinics, which will soon no longer be able to perform the procedure. Last week, Utah Gov. Spencer Cox signed a law banning abortions from being provided in specialized clinics. Under the law, Utah will stop renewing or issuing licenses to abortion clinics starting May 2. As of January 2024, licenses will be outlawed in the state. (Gerson, 3/21)
