By Carrie Baker for Ms. Magazine.
Broadcast version by Roz Brown for Texas News Service reporting for the Ms. Magazine-Public News Service Collaboration
On Nov. 18, anti-abortion advocates filed a federal lawsuit challenging the FDA approval of the medication mifepristone in 2000-as well as subsequent updates to the approval in 2016, 2019 and most recently in December 2021, when the agency began allowing clinicians to mail abortion pills to their patients.
The lawsuit alleges the FDA did not have proof of the medication's safety, despite extensive evidence showing abortion pills are safe and effective-more so than many other medications, including over the counter drugs such as Tylenol.
"This is yet another attempt by anti-abortion extremists to force their beliefs on all of us," said Kirsten Moore, director of Expanding Medication Abortion Access Project (EMAA Project), which advocates for increased access to mifepristone for abortion and miscarriage care.
The conservative legal group Alliance Defending Freedom (ADF) filed the lawsuit on behalf of four antiabortion medical organizations and several doctors against the U.S. Food and Drug Administration (FDA) and the U.S. Department of Health and Human Services. ADF represented Mississippi in the case that led the Supreme Court to overturn Roe v Wade and they have helped draft anti-abortion laws adopted in many states.
The 113-page complaint argues the FDA unlawfully fast-tracked the approval of mifepristone in 2000 and did not have the required research to prove the safety of the drug under the labeled conditions of use.
To the contrary, a 2018 Government Accountability Office report concluded that the FDA "followed its standard review process when it approved the application ... for the drug Mifeprex" and "based its approval on reviews of peer-reviewed published studies, articles, and other information submitted by Mifeprex's sponsor." The FDA subsequently conducted extensive reviews of the mifepristone's safety again in 2016.
The ADF complaint regurgitates many of the objections raised by anti-abortion groups to the 2021 modification of the mifepristone approval. The FDA published a 40-page rebuttal letter to these objections, which ADF fails to address in their complaint.
Moore said the anti-abortion movement is trying to "put the genie back into the bottle" and is "trying to undo progress."
"When they look at the courts, they think, 'Why wouldn't the courts be friendly to us even if we are making new things up?' The Supreme Court just overturned a 50-year precedent that took away half the population's fundamental right to control their bodies, so why wouldn't they try?"
The ADF chose to file the case in the Amarillo Division of the Northern District of Texas, where it was assigned to a 45-year-old Trump appointee Matthew J. Kacsmaryk, who for five years before becoming a federal judge was deputy general counsel for First Liberty Institute, a Christian conservative legal organization that specializes in representing religious groups claiming they have experienced discrimination.
n 2015, Kacsmaryk wrote an op-ed for the National Catholic Register stating his opposition to same-sex marriage, no-fault divorce, birth control, abortion and sex outside of marriage-and his support for "complementarianism," a religious belief that assigns primary headship roles to men and support roles to women based on their interpretation of certain biblical passages.
"He is an anti-LGBT activist and culture warrior who does not respect the equal dignity of all people," said Sen. Dianne Feinstein (D-Calif.) during his Senate confirmation hearing, reading from a letter of the Leadership Conference on Civil and Human Rights. "His record reveals a hostility to LGBT equality and to women's health, and he would not be able to rule fairly and impartially in cases involving those issues."
Just last week Kacsmaryk ruled that the Biden administration wrongly interpreted a provision of the Affordable Care Act as barring healthcare providers from discriminating against LGBTQ+ Americans.
Texas is within the Fifth Circuit Court of Appeals, which has a majority of conservative judges-six of whom were appointed by Trump. This same court repeatedly upheld the Texas bounty hunter law last year.
Most shockingly, the ADF lawsuit asks Judge Kacsmaryk to revive the 1873 Comstock Law, which banned sending obscene literature, contraceptives, abortifacients or any sexual information through U.S. mails. After the Supreme Court ruled in Griswold v. Connecticut in 1965 that people have a fundamental right to access and use contraception, Congress removed the language concerning contraception in 1971, but left the part of the law criminalizing mailing abortifacients and information about abortion.
Before Roe v. Wade, federal courts ruled this part of the law applied only to "unlawful" abortions. After the Roe decision, the Comstock law remained on the books but was not enforced. Now that the Supreme Court has reversed Roe, ADF hopes to bring the law back into effect.
"The law that conservatives used to shut down contraceptive pills at the turn of the century-this is where they want to take us back to," said Moore.
The lawsuit seeks to reverse the increasing availability of medication abortion and telemedicine abortion. In 2020, medication abortion accounted for 54 percent of all pregnancy terminations in the U.S. After a federal court lifted the FDA requirement that clinicians distribute the medication in person in July of 2020, telemedicine abortion services surged across the United States, becoming available in 20 states, expanding further after the FDA permanently lifted the in-person distribution requirement in December of 2021.
Carrie Baker wrote this article for Ms. Magazine.
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Wyoming ranks 42nd in the U.S. for women's health and reproductive care, according to a new report - and some are urging lawmakers to make changes.
According to a new state scorecard from the Commonwealth Fund, Wyoming ranks among the bottom 10 states on multiple indicators for women's health care.
The state is especially low for rates of preventive measures, including cervical and breast cancer screenings and routine checkups.
Rates of maternal deaths and infant mortalities in Wyoming are on par with national averages - but the state's birth rate is going down.
Rebekah Hazelton, director of the Wyoming Women's Foundation, said that's been hard on rural hospitals.
"Those small maternity care centers are not really receiving enough births in their care," said Hazelton, "in order to keep up their core competencies, and have enough staff as well."
Hazelton said that makes it economically challenging for hospitals to provide maternal health services. There were just over 6,000 births in Wyoming in 2022 - a 20% decrease from 2012.
Another low score is on women's health coverage, access and affordability.
Hazelton said access to specialists can be minimal in a rural state. And then there's health coverage - Wyoming is one of only ten states that hasn't yet expanded Medicaid.
"That leaves a significant amount of the population in the gap," said Hazelton, "not able to pay for health care out of pocket and not able to access health insurance."
Hazelton said she hopes the Health and Labor interim committee discusses potential solutions at its upcoming meeting - including training and certifying more nurse-midwives, and improving relations between hospitals, lay-midwives, and doulas.
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By Shoshanna Ehrlich for Ms. Magazine.
Broadcast version by Freda Ross for Texas News Service reporting for the Ms. Magazine-Public News Service Collaboration
The state of Texas does not believe its overflowing arsenal of antiabortion laws-including a near-total ban on abortion, the infamous SB 8 that turns private parties into bounty-hunters by offering them cash prizes for turning in abortion "aiders and abettors," and municipal travel bans that similarly encourage vigilante justice against anyone using local roads to transport abortion seekers across state laws-has done enough to strip pregnant people of control over their bodies.
Represented by antiabortion warrior Attorney General Ken Paxton, Texas is suing the Biden administration in a challenge to the Title IX rule that abortion-related discrimination is prohibited sex discrimination. Two professors from the University of Texas-Austin-John Hatfield, a professor of finance, and Daniel Bonevac, a philosophy professor-subsequently joined the suit as named plaintiffs.
As stated in their court declarations, the two professors object to and refuse to comply with the "Biden Administration's recently announced edict ... [which] represents an attempt to force every educator in the United States to conform to a highly contentious interpretation of ... abortion rights."
Although identified as a "recent edit," abortion-based discrimination has been prohibited since the Title IX regulations first went into effect in 1975.
While my focus is on the challenge to abortion protections, the lawsuit also challenges the 2024 Title IX regulations affirming that discrimination and harassment based on "sexual orientation, gender identity and sexual characteristics" are prohibited under Title IX due to the multiple harms, including bullying and harassment, of not having one's identity recognized or respected.
In virtually identical court declarations, the professors declare that they will not "honor any student's demands to be addressed by the singular pronoun 'they'" to avoid being made "a fool of ... to accommodate a student's delusional beliefs," and that teaching assistants will not be permitted to "engage in cross-dressing while teaching my classes or interacting with ... students."
To make sense of this case, originally filed at the end of April in the Amarillo division of the federal district court for the northern district of Texas, let's start by taking a quick look at some of the key players. Once again, older white men are leading the charge-this time, by bringing the patriarchal surveillance state into the classroom.
Ken Paxton has served as attorney general of Texas since 2015. According to Texas Monthly, he "has used his office as a cudgel in the culture wars for the Christian right," including an unrelenting legal campaign against abortion. Celebrating the fall of Roe, he declared June 24 the annual Sanctity of Life holiday to memorialize the "70 million babies that have been killed in the womb," and proclaimed that he looked "forward to defending the pro-life laws of Texas and the lives of all unborn children moving forward."
In a move the Washington Post characterized as "unnecessary, inexplicable cruelty," after a lower court ruled that Kate Cox, whose fetus had a lethal anomaly, could obtain an abortion under the state's narrow medical emergency exception, Paxton wrote to the hospitals where her doctor had admitting privileges warning them that the court's order would not insulate them from criminal and civil liability, including "first degree felony prosecutions."
The lawsuit was presumably filed in Amarillo because Trump appointee Mathew Kaczmaryk, who is notoriously antiabortion, is its sole presiding judge. Kaczmaryk ruled in favor of the Alliance for Hippocratic Medicine in its challenge to the FDA's approval of mifepristone and its subsequent relaxing of regulations in an opinion that was permeated with both "junk science" and "misleading antiabortion tropes." The case was just dismissed by the Supreme Court based on the lack of "legal standing to bring the lawsuit because they were not harmed by the FDA's loosening of restrictions on mifepristone over the last eight years."
Bonevac has been one of Trump's most prominent academic supporters, according to an article that calls him one of "the only conservative [scholars] on campus." During Trump's last campaign, Bonevac "became a spokesman of sorts for the Scholars and Writers for America group, which argued that the property tycoon was 'the candidate most likely to restore the promise of America.'"
Hatfield and Bonevac are represented by Jonathan Mitchell, Trump's attorney before the Supreme Court in his case to stay on the presidential ballot-and more locally as the legal strategist behind both SB 8 and municipal travel bans, which promote vigilante justice against those aiding or transporting abortions seekers. Through these efforts, Mitchell has been instrumental in transforming Texas into an abortion desert. Adamant about keeping it this way, he is representing several men intent upon punishing their ex-partners for having had abortions. Mitchell is also a key strategist in the growing conservative push to resurrect the moribund 1873 Comstock Act as the basis for imposing a national abortion ban.
Title IX forces Texas educators to "protect women who abort their pregnancies even when doing so violates Texas law," the lawsuit alleges, such as by requiring them to excuse abortion-related absences as they would any other health-related absence. They say Title IX prohibits discrimination against students who "have engaged in the shipment or receipt of abortion pills and abortion-related paraphernalia in violation of federal law." (Emphasis added.)
The above reference to federal law points to the Comstock Act-Mitchell's favorite Victorian era purity law, which was intended to cleanse the nation of sexual corruption by prohibiting the sending of obscene materials, including contraceptives and anything that could be used to cause an abortion. The resurrection of this moribund law has become the conservative backdoor strategy for imposing an abortion ban on the country as a whole. This plan is now firmly embedded in Project 2025-the "unprecedented effort being orchestrated with dozens of right-flank organizations" in order to "dismantle the U.S. government and replace it with Trump's vision," according to the Associated Press.
Let's look more closely at what Hatfield and Bonevac are apparently so upset about when it comes to Title IX's non-discrimination protections for those who have had abortions or have sent or received abortion pills or "abortion-related paraphernalia" such that they have openly declared their intent to flout federal law.
One key objection is that abortion-related accommodations make them "complicit" in criminal activity. They also apparently hold their students to the same standard by expecting "their teaching assistants to obey and respect the laws of Texas and the laws of the United States"-so presumably they screen and reject prospective TAs for any kind of legal infraction, such as a speeding ticket or smoking weed.
Additionally, while the professors claim they will accommodate students who need "medically necessary abortions," they refuse to "accommodate a purely elective abortion that serves only to kill an unborn child that was conceived through an act of voluntary and consensual sexual intercourse."
This sets up a binary when it comes to their understanding of the sexual and reproductive lives of their students-namely, that there are only two kinds of abortions:
- those that are medically necessary (which is an extremely high bar under Texas law), or
- those that, as they seem to suggest, are undertaken in rather 'frivolous' circumstances when weighted against the "act of violence committed against the most vulnerable and defenseless members of the human family."
Assuming the genuineness of their commitment to antiabortion values, one must noneetheless pause to consider whether something more is involved. A perusal of social media comments makes clear this is indeed the case:
At its core, this case is about the surveillance and control of the sexual and reproductive lives of students, and the chillingly privileged view that professors are somehow entitled to this measure of control over students' lives based upon their own views about abortion.
Shoshanna Ehrlich wrote this article for Ms. Magazine.
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Five hundred high school girls from Missouri are the stars of a new documentary.
Girls State is described as a political coming-of-age film. The girls participate in a weeklong, immersive democratic experiment. They build a mock government from scratch and deal with such significant issues as abortion rights and encouraging more women to serve in government.
The film is a companion to Boys State, which won a major film festival prize in 2020. Filmmaker Amanda McBaine, who co-directed both with Jesse Moss, said the comparison between the Girls State and Boys State programs was interesting to observe, as they were held during the same week for the first time.
"The degree of difference was what shocked me and the kids. I think they (the girls) were held back in a lot of ways from forming a government as quickly as the boys were," McBaine observed.
The filmmakers said they chose Missouri because it reflects America's political diversity. Girls State is trending now on the streaming platform Apple TV Plus.
McBaine described the communication among the young women as respectful despite their diverse views, and noted they didn't shy away from big subjects.
"They were empowered to build a Supreme Court, to hear a privacy case that very much mirrored the Dobbs Jackson case," she explained. "They took that moment and ran with it in a way that they recognized in each other, 'Oh, your politics may be different, but I see you in how much we need this empowerment.'"
McBaine added that the Girls State participants highlight the importance of representation in a democracy. According to Pew research, in 2023, only about 30% of state Senate seats were held by women. McBaine calls the documentary "a powerful look at politics through the eyes of young women."
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