July 16, 2022
  • July 16, 2022

Abortion Induction Law Challenges Hit the Courts with Mixed Results

By on June 28, 2022 0

In South Carolina, a court has lifted a stay on a restrictive abortion law while other state measures are also the subject of litigation.

AP: Court authorizes SC to apply a more restrictive law on abortion

A law restricting abortions in South Carolina after six weeks of pregnancy can take effect immediately in the state, a federal court ruled Monday. The US District Court in South Carolina has lifted its grip on enforcement of a state law passed last year that bars most abortions if an ultrasound detects a so-called fetal heartbeat, usually about six weeks after the onset of pregnancy. (Collins, 6/27)

Mississippi Clarion Ledger: Mississippi Trigger Law certified by the Attorney General

Abortion will be illegal in Mississippi starting July 7, after Attorney General Lynn Fitch certified that the Supreme Court had overturned Roe v. Wade Monday morning. The state’s abortion trigger law, passed in 2007, prohibits abortion 10 days after the attorney general certifies the court’s decision. Once the ban comes into effect, anyone who performs or attempts to perform an abortion will be charged with a felony punishable by up to 10 years in prison. (Perlis, 6/27)

Mississippi Clarion Ledger: Jackson abortion clinic sues state over abortion trigger law

The Jackson Women’s Health Organization, Mississippi’s only abortion clinic, filed a lawsuit against the state Monday afternoon in an attempt to stop the trigger law that would ban abortions in 10 days. The trial comes just hours after Attorney General Lynn Fitch certified that Roe v. Wade had been overturned by the United States Supreme Court, setting the trigger law in motion. The clinic, often referred to as Pink House, is represented by a number of companies, including the Mississippi Center for Justice, Center for Reproductive Rights, and Paul, Weiss, Rifkind, Wharton & Garrison LLP. (Perlis, 6/27)

But pro-abortionists are scoring victories in Louisiana, Utah and Michigan –

The 19th: Abortions can continue in Louisiana and Utah for now

Triggering bans on abortion in Louisiana and Utah were blocked on Monday after lawsuits were filed in separate state courts. A New Orleans state district judge has temporarily blocked an immediate statewide abortion ban until July 8, when the court will consider the legal challenge. A Utah judge also blocked a ban for the next 14 days after Planned Parenthood filed a lawsuit against its trigger law. More lawsuits are coming in other states with trigger laws and pre-Roe bans on abortion. (Padilla, 6/27)

Crain’s Detroit Business: Beaumont-Spectrum Reverses Course, Will Uphold Abortion Policies Ahead of Ruling

The BHSH system reversed course on Saturday after reversing a previous decision to ban abortion in its 22 hospitals a day earlier. Michigan’s largest health system previously said in a memo to employees on Friday that it planned to follow a 1931 abortion ban in Michigan that is currently suspended under a judge’s injunction. This court order means abortion remains legal in Michigan even after the U.S. Supreme Court overturned Roe v. Wade Friday. But after an immediate backlash, BHSH said in a statement on its website on Saturday evening that its thinking had “evolved”. (Walch, 6/27)

Detroit Free Press: Whitmer at the Michigan Supreme Court: Ending Abortion Confusion

Governor Gretchen Whitmer again urged the Michigan Supreme Court to act quickly on her abortion lawsuit on Monday, citing confusion — including from the state’s largest hospital system — that has emerged in Michigan since the Supreme Court of the United States overruled Roe v. Wade Friday. Friday’s ruling “has already resulted in uncertainty, confusion, and efforts to contract abortion access in Michigan,” despite a court order in another lawsuit meant to temporarily maintain the status quo, a Whitmer said in a court filing. (Egan and Boucher, 6/27)

More legal news from Florida, Georgia, Kentucky and Wisconsin —

AP: Florida judge hears arguments over state’s new abortion law

Reproductive health providers on Monday asked a Florida judge to block a new 15-week abortion ban from taking effect this week, arguing that the state constitution guarantees access to the procedure. Planned Parenthood and other health centers are seeking a temporary emergency injunction to stop the law approved this year by Florida’s GOP-controlled Legislature and Republican Gov. Ron DeSantis. It is expected to come into effect on Friday. (Izaguirre, 06/27)

Atlanta Journal-Constitution: Georgia anti-abortion law set to remain in abeyance until at least mid-July

A federal appeals court has asked lawyers on both sides of Georgia’s anti-abortion law challenge to file additional documents in response to last week’s U.S. Supreme Court ruling that overturned Roe v. Wade. Reproductive rights groups and abortion providers sued Georgia in 2019 after the Legislature passed an abortion law banning the procedure in most cases once a doctor can detect the abortion. fetal heart activity, usually about six weeks into a pregnancy and before many women know they are pregnant. (Prabhu, 6/27)

AP: ACLU lawsuit: Abortion ban violates Kentucky Constitution

Kentucky’s new abortion ban is being challenged by abortion rights supporters, who filed a lawsuit Monday that women are “forced to remain pregnant against their will” in violation of the Kentucky constitution. ‘State. Republican State Attorney General Daniel Cameron responded by promising to fight any “baseless allegations” made against the abortion ban’s enforcement. The lawsuit targets a 2019 Kentucky law that called for an immediate halt to nearly all abortions in the event the Roe v. Wade would be canceled. The state law took effect on Friday — and abortions came to an abrupt end in Kentucky — when the U.S. Supreme Court ruled to end federal constitutional protections for abortions. (Schreiner and Lovan, 6/27)

AP: Anti-abortion groups seek to update Wisconsin’s 1849 ban

Anti-abortion groups in Wisconsin say they will work with lawmakers next year to pass legislation that will update or replace the state’s 1849 abortion ban, which led Wisconsin doctors to stop offering abortions on Friday after the Supreme Court struck down abortion rights. decision in Roe v. Wade. Some Democrats and abortion-rights supporters have questioned the validity of a law that had been in effect for 173 years but was not enforced due to the Roe decision. (Venhuizen, 6/27)

NBC News: Wisconsin governor vows to grant clemency to doctors accused of state abortion ban

Wisconsin Governor Tony Evers, a Democrat, vowed over the weekend to grant clemency to anyone charged under the state’s 1849 law banning most abortions. This law, enacted more than a century before Roe v. Wade, remained in effect in the state and technically took effect again after the Supreme Court’s decision on Friday quashing the landmark case. (Edelman, 6/27)

In Texas Prohibition Updates –

The Texas Tribune: Texas abortion groups file last-ditch complaint to suspend ban a little longer

Texas abortion providers are making a last-ditch effort to temporarily resume proceedings by challenging a pre-Roe v. Wade that has not been enforced for nearly half a century, but which some abortion opponents say could be enforced after the US Supreme Court. Court decision to strike down the constitutional right to abortion. The providers filed a lawsuit on Monday and a Harris County judge will hear arguments on Tuesday to implement a temporary restraining order to block enforcement of the old ban, which criminalized both performing abortions and helping anyone who performs abortions in Texas. (Oxner and Douglas, 6/27)

Dallas Morning News: Tarrant County DA says office will prosecute abortion law violations

Tarrant County District Attorney Sharen Wilson said she will enforce Texas abortion laws following the Supreme Court’s decision to overturn Roe v. Wade. In a statement posted to Twitter on Friday, Wilson said his office would review any cases brought to him; if the facts warrant a prosecution, she will present cases to a grand jury for consideration. (Bahari, 06/27)

Houston Chronicle: Texas abortion funds frozen indefinitely as Supreme Court shakes up landscape

Texas Abortion Funds have played a vital role over the past 10 months for women trying to evade the state’s new six-week abortion ban, helping them pay and get to providers in states where the procedure is still legal. But when the U.S. Supreme Court on Friday overturned Roe v. Wade, upending nearly 50 years of federal abortion protections, those same groups weren’t offering help. Many have instead announced that they are “pausing” operations while they review current and existing state laws. “We want to protect the staff and volunteers of our abortion fund as much as possible from the risk of arrest and involvement in the racist criminal justice system,” said the Lilith Fund, the oldest abortion fund in the state, in a press release. (Blackman and Goldenstein, 6/27)

And fetal tissue research is in the spotlight in Pennsylvania –

AP: Pennsylvania House targets college fetal research in bill

A proposal to require Pennsylvania’s four state-related universities to promise they won’t conduct research or experiments with fetal tissue from elective abortions was added to a budget bill on Monday. of the state by House Republicans. The chamber voted 108-92, with three Republicans crossing party lines, for the amendment to legislation that will send more than a combined $597 million next year to Penn State, Lincoln, Temple and Pitt. (Scolforo, 6/27)

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