News This Week: 8/8 - 8/14
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On August 5, the full Sixth Circuit Court of Appeals upheld a 48-hour mandatory waiting period for abortion in Tennessee.
- The ruling overturned a district court decision from last year striking down the law.
- The law requires patients to wait at least two days to access abortion services after receiving in-person, state-mandated biased counseling. That means patients must make two separate trips to a clinic, which can often be far away.
- Slate’s Mark Joseph Stern suggested this decision – which ignores Supreme Court precedent – could provide Justice Kavanaugh with a blueprint to gut Roe vs. Wade in the Center’s Dobbs vs. Jackson Women’s Health Organization case.
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Last week, defendants in the Center’s case challenging Texas’s six-week abortion ban asked the court to dismiss the case.
- Defendants also asked the Fifth Circuit to force the district court to rule on the motion to dismiss before they rule on the merits of the law.
- The law creates an unprecedented bounty hunting scheme by asking private citizens to sue people who violate the ban and creating monetary rewards for those who do.
- The district court has yet to rule in this case on any request, including the plaintiff’s request for a preliminary injunction to block the law while litigation continues. Arguments are scheduled for later this month.
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This week, a federal judge issued a mixed ruling that permanently blocked several Indiana abortion restrictions while upholding others.
- The ruling permanently blocked the state’s ban on the use of telemedicine for medication abortion, the requirement of in-person examinations before medication abortions, the prohibition on second-trimester abortions outside hospitals or surgery centers, and the requirement that providers tell pregnant people that human life begins when the egg is fertilized.
- However, in the same ruling, the judge upheld a mandatory ultrasound law and a physicians-only law.
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District Court to hear arguments in Texas six-week abortion ban case (August 30)
- District Court Judge Robert Pitman will hear oral arguments in a preliminary injunction hearing in the Center’s case challenging Texas’ new six-week abortion ban, just two days before the law is scheduled to take effect September 1.
- The oral arguments will be held via video conference at 9:00AM CT.
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Appeals Court to hear Kansas telemedicine ban case (September 9)
- The laws challenged in this case are a ban on the use of telemedicine to provide medication abortion and a law that requires physicians be in-person to provide telemedicine.
- The Kansas Court of Appeals will hear oral arguments in the Center’s appeal of a lower court’s ruling denying our request for a preliminary injunction.
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According to new research conducted by the Guttmacher Institute, Texas’s new six-week ban would end almost all abortion in Texas and would increase the average one-way driving distance for an abortion from 12 miles to 248 miles – 20 times the distance. This would dramatically increase the amount of time and money pregnant people need to spend to exercise their constitutional right to previability abortion. People living on a low income and people of color will be most harmed if this law takes effect, with increased costs and barriers pushing abortion out of reach.
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