News This Week: 10/31 - 11/6
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On Wednesday, Ohio lawmakers introduced a bill that copies Texas’ six-week abortion (S.B. 8) ban but goes one step further by creating a total ban on abortion in the state.
- The bill mimics S.B. 8 by creating a bounty-hunting scheme that encourages the general public to bring costly and harassing lawsuits against abortion providers, health center workers, or any person who helps someone access an abortion.
- This is part of a troubling trend in Ohio: lawmakers in the state often pass laws at the very end of the legislative session during the holiday season, when few people are paying attention.
- Florida has also introduced an S.B. 8 copycat bill.
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On Monday, the Supreme Court heard two cases challenging Texas’ six-week abortion ban.
- During arguments in Whole Woman’s Health v. Jackson, press reported that a majority of the Court’s justices appeared skeptical of the state’s attempt to insulate the law from federal court review, and asked hypotheticals about what other constitutional rights this strategy could potentially circumvent.
- Marc Hearron, arguing attorney for the plaintiffs, requested the Court block the law during oral arguments.
- The justices’ questions during arguments in the DOJ’s case, United States v. Texas, were focused on the federal government’s authority to intervene with state laws, even when defending constitutional rights.
- The Court has yet to rule on either case, or the requests to block the law while litigation continues.
- While these Texas cases are about procedural questions, the Court will hear another abortion case -- Dobbs v. Jackson Women’s Health Organization -- on Dec. 1 that directly challenges Roe v. Wade.
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This week, the U.S. Department of State released updated annual Country Reports that include once more information on a broad range of issues related to sexual and reproductive health and rights.
- According to the State Dept., each report now includes “information on key issues such as maternal mortality, government policy adversely affecting access to contraception, access to skilled healthcare during pregnancy and childbirth, access to emergency healthcare, and discrimination against women in accessing sexual and reproductive health care, including for survivors of gender-based violence.”
- Country reports can be found here.
- This is a change from the reports released under the Trump administration, which notably excluded information on reproductive health care, LGBTQ+ rights, and other civil and human rights.
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- This case challenges Mississippi’s ban on abortion after 15 weeks of pregnancy--a direct violation of Roe.
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Texas medication abortion restriction takes effect (Dec. 2)
- If S.B. 4 takes effect, it would prevent the use of medication abortion after 49 days gestation (as opposed to the FDA’s approved 70 days) and would require unnecessary medical testing.
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A Gallup poll taken in September--right after the Supreme Court refused to block Texas’s abortion ban from taking effect--shows that the Court’s public approval rating has dropped to a new low, with only 40% of the American public saying they approve of the job the Court is doing. Gallup’s polling from last year around the same time showed a 58% approval rating.
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