Saturday, July 30, 2022

Massachusetts governor signs bill protecting abortion access

A sweeping abortion bill designed to protect access to the procedure in Massachusetts at a time when many other states are restricting or outlawing abortions was signed into law Friday by Republican Gov. Charlie Baker. The new law attempts in part to build a firewall around abortion services in the state after a U.S. Supreme Court ruling overturned Roe v. Wade last month. The law protects abortion providers and people seeking abortions from actions taken by other states, including blocking the governor from extraditing anyone charged in another state unless the acts for which extradition is sought would be punishable by Massachusetts law. The bill also states that access to reproductive and gender-affirming health care services is a right protected by the Massachusetts Constitution; requires the state’s Medicaid program, known as MassHealth, to cover abortions; allows over-the-counter emergency contraception to be sold in vending machines; and requires public colleges and universities to create medication abortion readiness plans for students. A unique Texas law banning most abortions after about six weeks is enforceable through lawsuits filed by private citizens against doctors or anyone who helps a woman obtain an abortion.

Friday, July 22, 2022

Kentucky judge extends block of state’s abortion ban

A Kentucky judge granted an injunction on Friday that prevents the state’s near-total ban on abortions from taking effect, meaning the state’s two clinics can continue providing abortions, for now. Jefferson Circuit Judge Mitch Perry’s ruling says there is “a substantial likelihood” that Kentucky’s new abortion law violates “the rights to privacy and self-determination” protected by Kentucky’s constitution. The injunction issued in Louisville allows the state’s only two clinics to continue providing abortions while the case is litigated. Kentucky’s trigger law was meant to ban abortions as soon as the U.S. Supreme Court overturned Roe v. Wade, but Perry issued a restraining order in June blocking the ban. His ruling means that of the 13 states with trigger bans, five are in effect. Kentucky Attorney General Daniel Cameron, a Republican running for governor, said he was disappointed by the ruling and will appeal it to the state appeals court. Kentucky’s trigger law contains a narrow exception allowing a physician to perform an abortion if necessary to prevent the death or permanent injury of the pregnant woman. Gov. Andy Beshear, a Democrat, has denounced that law as “extremist,” noting it lacks exceptions for rape and incest. Thirteen states created trigger bans, and of those, at least five are currently in effect: Arkansas, Mississippi, Missouri, Oklahoma and South Dakota. Five are not due to take effect yet: Idaho, North Dakota, Tennessee, Texas and Wyoming. The remaining three — in Kentucky, Louisiana and Utah — are not in effect because of litigation. In all, about half the U.S. states are likely to have bans or deep restrictions in place as a result of the Supreme Court ruling.

Louisiana seeks suspension of block on enforcement

A day after a state judge blocked enforcement of Louisiana’s abortion ban, state officials asked the same judge to suspend his own ruling while they pursue an appeal. Lawyers for state Attorney General Jeff Landry and health secretary Courtney Phillips filed the request Friday in Baton Rouge. They want Judge Donald Johnson to suspend his ruling and allow enforcement of a ban that was put into state law in anticipation of the U.S. Supreme Court’s June 24 ruling reversing abortion rights. The Friday morning filing indicates the state plans to take the case to the 1st Circuit Court of Appeal in Baton Rouge. Johnson’s Thursday ruling, a preliminary injunction blocking enforcement, came in a lawsuit filed by a north Louisiana abortion clinic and members of the Medical Students for Choice organization, who argue that the law’s provisions are contradictory and unconstitutionally vague. The ruling, which followed an earlier temporary enforcement block, meant clinics in Shreveport, Baton Rouge and New Orleans could provide abortions while the lawsuit continues. Landry has predicted that the case will wind up at the Louisiana Supreme Court.

Tuesday, July 5, 2022

Judge holds hearing on challenge of Mississippi abortion law

A judge held a hearing Tuesday but didn’t say how she would decide a lawsuit filed by Mississippi’s only abortion clinic, which is trying to remain open by blocking a law that would ban most abortions in the state. The law — which state lawmakers passed before the U.S. Supreme Court overturned the 1973 ruling that allowed abortions nationwide — is set to take effect Thursday. The Jackson Women’s Health Organization sought a temporary restraining order that would allow it to remain open, at least while the lawsuit remains in court. The closely watched lawsuit is part of a flurry of activity that has occurred nationwide since the Supreme Court ruled. Conservative states have moved to halt or limit abortions while others have sought to ensure abortion rights, all as some women try to obtain the medical procedure against the changing legal landscape. Meanwhile a Florida judge on Tuesday temporarily blocked a new 15-week abortion ban days after it took effect in the state, an expected move following an oral ruling last week in which he said the law violated the state constitution.