FRANKFORT, Ky. – With the announcement of U.S. Supreme Court Justice Anthony Kennedy's retirement, some women's groups predict urgent times ahead for the future of reproductive rights.
There are specific concerns about the future of 'Roe v. Wade,' as President Donald Trump has promised to appoint nominees to the court who would overturn the law legalizing abortion. President and CEO of the National Women's Law Center Fatima Goss-Graves says Kennedy was among the justices who have upheld the principles in Roe v. Wade.
"In recent years, Justice Kennedy was the key vote to say that Roe versus Wade remains the law of the land,” says Goss-Graves, “and to reject all of those efforts to make sure that women do not have access to abortion."
Justice Neil Gorsuch, the first Trump appointee, was among the majority of justices who this week ruled that so-called "crisis pregnancy" centers run by anti-abortion groups don't have to post information about the availability of abortion services.
Some Democratic senators want Senate Majority Leader Mitch McConnell to postpone confirmation hearings until after the midterm elections. But Ezra Levin, co-founder of the Democratic organization "Indivisible," contends the GOP is intent on pushing an anti-choice agenda.
Levin says McConnell already stole a seat from the Supreme Court in 2016 by blocking President Barack Obama's nominee.
"Last year, he changed the rules for appointing Supreme Court justices, down to 51 votes to confirm,” says Levin. “Now Mitch McConnell, this president and the broader Republican Party is planning to break that rule for their own benefit, to jam through a nominee months before an election."
And President of NARAL Pro-Choice America Ilyse Hogue says lawsuits are already moving through the courts that could essentially overturn Roe v. Wade, although she contends that isn't what most people want.
"In all 50 states in this country, the majority of Americans actually do not want to punish women, believe in legal access to abortion, know what's at stake and are ready to get out and fight this,” says Hogue. “It is true in red states; it is true in blue states."
The Supreme Court could potentially hear cases that could determine how far into a pregnancy an abortion would be legal, and whether states can exclude Medicaid patients from Planned Parenthood services.
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The Alabama House and Senate both passed bills this week that would help people resume in vitro fertilization and provide legal protections for providers and patients in certain cases.
Senate Bill 159 and its companion House Bill 237 passed swiftly despite debates surrounding immunity and personhood.
While this is a positive step that allows families to resume treatments, said Heidi Miller, development manager for the reproductive-justice group Yellowhammer Fund, they're still concerned with the limited timeframe offered by the bills, including the one sponsored by Sen. Tim Melson, R-Florence.
"So, it just feels like a very limited solution to me, and that's our stance as an org, is that it feels like very much like a Band-Aid on open wounds," she said. "And so, that's how we've kind of been looking at those bills, because Sen. Melson's bill similarly would be repealed on April 1, 2025."
Both bills would apply retroactively and be automatically repealed next year, which Miller said could affect families again. This comes after IVF programs around the state stopped offering the service over concerns about legal consequences following a 8-1 state Supreme Court ruling. The court ruled that frozen embryos are protected by the state's Wrongful Death of a Minor Act that protects children, regardless of location.
Acknowledging the temporary nature of the bills, Miller argued that a short-term solution is insufficient for people seeking IVF treatments, which sometimes can take months or years. She said they're urging lawmakers to take further action to safeguard the accessibility of IVF.
"For us to get the constitutional amendment - the, quote, 'sanctity of life' constitutional amendment from 2018 - back for a re-vote in front of Alabama voters," she said, "because that would be the long-term solution that would really protect IVF access."
Unless the constitutional amendment is repealed, she said, it could supersede any other law or code, specifically where the term 'child' or 'minor child' is not defined. Miller said the Yellowhammer Fund has resources on its website for people who want to know more.
House Minority Leader Anthony Daniels, D-Huntsville, is sponsoring two measures, including a constitutional amendment, to clarify that an extrauterine embryo should not be considered an "unborn life" or "unborn child."
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Legislation in Massachusetts would ban some of the tactics used by "crisis pregnancy centers" to prevent people from having abortions.
Many of the centers have the words "medical" or "health" in their names, but do not offer licensed reproductive medical care.
Laurie Veninger, reproductive rights activist for the Indivisible Massachusetts Coalition, said the centers advertise "free" tests and ultrasounds and then pressure women into continuing their pregnancies.
"If they were a business, that would be curtailed by existing laws about deceptive advertising," Veninger pointed out. "But these places are religious nonprofits."
Veninger explained the crisis centers are often located near abortion providers, where anti-abortion activists try to lure people their way. Abortion opponents contend the centers simply offer confidential services to those facing unplanned pregnancies.
Following complaints, the Department of Public Health recently sent a memo to nearly 30 crisis pregnancy centers regarding state laws and patients' rights.
Veninger argued Massachusetts is "in the crosshairs" of what she calls "religious extremists," targeting states where abortion remains legal. She asserted many low-income people are being deceived, with potentially dangerous outcomes.
"Some of them have told us that they called up and made an appointment, because they thought they were going there for an abortion," Veninger observed. "And then when they got there, didn't get one, and then, they had to wait another week to get the appointment at the real clinic."
Veninger emphasized the extra week can mean the difference between having a medication abortion or requiring a surgical procedure. A class-action lawsuit claims a nurse at the Clearway Clinic in Worcester County failed to inform a patient her ultrasound showed an ectopic pregnancy, nearly costing the patient her life.
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Florida voters will soon have the opportunity to express their views on abortion rights at the ballot box.
After Gov. Ron DeSantis approved a law last year restricting abortions after six weeks of pregnancy, the committee Floridians Protecting Freedom launched a petition drive for what it calls a constitutional "Amendment to Limit Government Interference with Abortion."
Sarah Parker, president of Women's Voices of Southwest Florida, part of a coalition supporting the petition, said they were excited to receive notice Friday from the Florida Department of State confirming they have successfully secured the necessary number of valid signatures.
"Right now we are just elated to actually have a number," Parker noted. "It sounds good too: 'Vote Yes on 4 in 2024.' We've got over 900,000 petitions and we're looking forward to the next steps, which is a standard process of going to the Supreme Court, and we're confident."
The Florida Supreme Court will now weigh in on the acceptability of the wording of the amendment. Attorney General Ashley Moody and other opponents have already delivered objections. In October, Moody expressed concerns the language could be an attempt to "hoodwink" voters, arguing the term "viability" has multiple interpretations.
Confusion on the matter is likely to persist, given the actions of the Republican-controlled Legislature, which not only approved additional abortion restrictions, but also has more pending restrictions yet to take effect. The implementation of a six-week limit hinges on the outcome of an ongoing legal battle about a 15-week abortion limit passed in 2022. The resolution of the 15-week case is also pending at the Florida Supreme Court.
Parker hopes voters will have the final say.
"It would mean to stop government interference with an abortion and health care," Parker explained. "What we're doing is kind of taking it back to the times before Dobbs got overturned, before Roe got overturned."
Part of the amendment language states, "No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider."
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