Justices Debate Procedural Point In KY Abortion Case; Could Have Wide Effect
The Supreme Court considered whether the Kentucky attorney general, a Republican, would be allowed to defend his state’s ban on some forms of abortion after two courts found it unconstitutional. As Politico reports, the decision could extend beyond abortion to covid mandates, gun laws and election results.
Politico:
Divided Supreme Court Considers Who Can Defend Abortion Restrictions
A divided Supreme Court on Tuesday weighed which state officials can defend abortion bans in court — a procedural question with implications that extend beyond reproductive health in states where the governor and attorney general hail from opposing parties. The arguments marked the first abortion case to be argued in full before the court’s 6-3 conservative majority and centered on whether Republican Kentucky Attorney General Daniel Cameron could defend his state’s ban on some forms of abortion after two courts found it unconstitutional and Democratic Gov. Andy Beshear refused to defend it further. (Ollstein, 10/12)
Reuters:
U.S. Supreme Court Leans Toward Letting Kentucky Official Defend Abortion Law
The dispute highlighted the sometimes-messy conflicts that arise when a governor and a state’s top legal officer differ in political views or party, leading to disagreements on whether to defend certain state laws in court. Conservative and liberal justices asked questions that indicated sympathy toward ensuring that Cameron, as attorney general, retains the power to act even after a governor of a different political party takes office. (Chung, 10/12)
In news about Texas’ abortion law —
Independent:
Texas Governor Questioned Whether He Would Outlaw Birth Control Or Emergency Contraception In Undercover Video
An “undercover” reporter pressed Texas Governor Greg Abbott over whether he would outlaw emergency contraception and birth control medication following his approval of the nation’s most-restrictive abortion law. Lauren Windsor, executive director of political advocacy organisation American Family Voices and a reporter for web series The Undercurrent, presented herself as a “huge fan” of the governor during an event on 11 October and asked “what more can be done.” “Can you do something about morning after pills and birth control, because I think it’s destroying the fabric of our society, giving women incentives to be promiscuous,” Ms Windsor asked the governor. (Woodward, 10/12)
The Washington Post:
Court Filings In Texas Abortion Ban Appeal Show Women’s Desperation
Clinics in Colorado, New Mexico and Kansas are seeing an influx of patients from Texas fleeing the nation’s most restrictive abortion law, which bars the procedure as early as six weeks into pregnancy and remains in effect despite multiple court challenges and an acknowledgment by the Supreme Court that there are “serious questions” about its constitutionality. Texans now account for the majority of patients at one Oklahoma clinic, where staff are working long hours to handle the out-of-state demand. Other patients, including teenagers and undocumented immigrants, say financial and child-care constraints limit their ability to leave Texas to terminate their pregnancies. (Marimow, 10/12)
USA Today:
Abortion: New Texas Law Puts Extra Burdens On Trans, Nonbinary People
The summer before Emmett Schelling’s senior year of high school, he was sexually assaulted. Schelling, who was 17 years old, found out in November of his senior year he was pregnant, around the time he was going to sign a letter of intent for college. Schelling, executive director of the Transgender Education Network of Texas, is a parent as a result. Though he did not seek an abortion, the decision to become a parent was deeply personal, especially as a trans man in Texas, Schelling told USA TODAY. Schelling’s story highlights how the battle over abortion rights in the Lone Star State often excludes the experiences of trans men and nonbinary people – communities that face extra burdens when it comes to reproductive care. (Quarshie, 10/12)
In other news about abortion —
Komu.Com:
New Regulations For Missouri’s Abortion Clinics Take Effect Wednesday
Governor Mike Parson’s emergency regulations take effect Wednesday, which calls for increased inspections on abortion providers from public health officials. Regulations include: Abortion providers to perform pelvic exams on a patient 72 hours before the abortion if medically necessary. Providers must report a failed abortion to a pathology lab within 24 hours of a failed abortion. Health care facilities must make sure all their surgical tools are sterilized. Physicians are required to participate in yearly fire drill. Health departments must report rule violations to the Medicaid Audit and Compliance Unit, which decides the allotted amount of money a facility gets from Medicaid. (Caile, 10/13)
Slate:
The Mississippi Abortion Case Threatens Birth Control And Sexual Rights.
The constitutional right to abortion is under concerted attack by a deeply conservative Supreme Court. Last month, the Supreme Court permitted Texas’ ban on abortion at six weeks to go into effect in a one-paragraph ruling decided without full briefing and oral argument, stripping inhabitants of the Lone Star State of constitutional rights enjoyed in the rest of the country. On Dec. 1, the court will consider the constitutionality of Mississippi’s ban on abortion after 15 weeks of pregnancy in Dobbs v. Jackson Women’s Health Organization. In Dobbs, Mississippi is urging the Supreme Court to overrule Roe v. Wade and take away from millions of Americans the fundamental right to control their bodies, choose whether and when to start a family, determine their life course, and participate as equals in American life. (Gans, 10/12)
10tv.Com:
New Legislation Could Lead To Abortion Ban In London Community
The discussion about abortion rights continues to heat up in Ohio. A new piece of legislation was heard Tuesday during a Public Safety Committee Meeting in London, located in Madison County. If the new legislation passes, it could outlaw abortions in London. Councilmember Anthony Smith, who’s sponsoring the ordinance, says it would make the city a “sanctuary city for the unborn.” “Cities are adopting the legislation. It’s getting more teeth,” said Smith. When asked for an interview, Smith declined. To Michael W. Norman, who was at the meeting, outlawing abortions in London is simply taking away a woman’s right of free will. (Solomon, 10/12)
FiveThirtyEight:
Why Abortion May Now Motivate Democrats More Than Republicans
Abortion has long motivated Republicans as a political issue. But following the U.S. Supreme Court’s decision in early September not to block Texas’s new law banning most abortions once an ultrasound can detect cardiac activity, usually about six weeks into a pregnancy, many have argued that Democrats may become more motivated by reproductive rights. As one Republican pollster recently told the Associated Press, “It is going to be a very motivating issue for women who haven’t typically been single-issue pro-choice voters.” Tracking data from The Economist/YouGov seems to support this viewpoint. In each weekly survey since February, respondents were asked about the importance of abortion, and as we see in the chart below, the issue has become increasingly more important to Democrats and less important to Republicans ever since. (Tesler, 10/13)
