Friday marked the 40th anniversary of the Hyde Amendment’s enactment, the provision that blocks federal money from being used for abortions for women who are covered by Medicaid. The provision, named after Republican Henry Hyde, makes it financially impossible for many low-income women to have an abortion. This leaves them with the options of having an illegal, dangerous procedure, using money that was meant for something else such as rent or food, or carrying on with an unwanted pregnancy.

According to pro-life activists, the policy has saved the lives of “millions of Americans.” The director of National Right to Life, Douglas Johnson, has said it “has proven itself to be the greatest domestic abortion reduction law ever enacted by Congress.”

On Friday social media was filled with conservative opinions saying the Hyde Amendment saved American lives.

Because of the #HydeAmendment, over 2 million people did not lose their lives to abortion. #HelloHyde #HydeSavesLives

— Liberty Pike (@Liberty_Pike) September 30, 2016

Republican Vice Presidential candidate Mike Pence wants to make the Hyde Amendment a permanent law.

40 years ago, the #HydeAmendment was enacted—a milestone in the fight for life. We need a leader who will protect the rights of the unborn.

— Mike Pence (@mike_pence) September 30, 2016

But recently more support for abandoning the policy has developed. Hillary Clinton–who also received Planned Parenthood’s first-ever presidential primary endorsement–has spoken out against the provision and made repealing it part of her campaign, saying that abortion is a fundamental human right.

Today is the 40th anniversary of the Hyde Amendment. @HillaryClinton agrees – it’s time to #BeBoldEndHyde: https://t.co/R9Jh68Xdz5 pic.twitter.com/GMtrBeBMEy

— Madam President (@Madam_President) September 30, 2016

Planned Parenthood released a statement Friday calling for an end to the provision.

Every woman—no matter how much money she makes or who provides her insurance—should be able to access the full-range of reproductive health care, including abortion. Every woman should be able to make her own decisions about pregnancy based on her own unique circumstances, and have the resources she needs to exercise that decision with autonomy and dignity.

And many opinions were voiced on Twitter.

Thank you @RepDianaDeGette for sponsoring the EACH Woman Act to repeal the Hyde Amendment. #copolitics #BeBoldEndHyde pic.twitter.com/HF5Dt4J6KN

— Gena Ozols (@genaozols) September 30, 2016

Learning how Hyde amendment hurts low-income communities #WeWontWait2016 @fullfrontalfem @KierraDC @jgonzalez_rojas pic.twitter.com/LPp3MjCDTP

— Luna Ranjit (@LunaRanjit) September 20, 2016

The women affected by the Hyde Amendment are also the ones who are most likely to experience an unwanted or unplanned pregnancy. Ending it would mean increased equality and access to reproductive care for all women.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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This post is part of Law Street’s continuing analysis of the recent Supreme Court rulings. To read the rest of the coverage click here.

Abortion Restrictions: Whole Woman’s Health v. Hellerstedt

The decision: In a 5-3 ruling, the Supreme Court struck down Texas’s restrictive regulations on abortion clinics. Justices Stephen Breyer and Anthony Kennedy joined Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan to provide the majority necessary to overturn Texas’s House Bill 2. The ruling concluded that the restrictions placed an undue burden on women seeking an abortion.

History of the law:

In 2013, Texas legislators passed HB2, which placed many restrictions on abortion clinics, such as:

• Requiring doctors who perform abortions to have admitting privileges at a hospital that is no more than 30 miles away.
• Requiring that an abortion facility meets the same minimum standards as ambulatory surgical centers.

HB2 has caused roughly half of the abortion clinics in Texas to close, leaving many women, especially in rural areas of the state, without reasonable access to an abortion.

Whole Woman’s Health, a private abortion provider, sued the state of Texas over these restrictions. The 5th U.S. Circuit Court of Appeals had previously upheld the law.

What were the arguments?

Texas legislators argued that these regulations were added to make women safer when getting an abortion. They also argued that these restrictions did not impose a burden on women seeking an abortion.

However, opponents of the legislation argued there is no evidence that these regulations will lead to increased safety without imposing serious consequences on women. In addition, opponents argued that an abortion is no more dangerous than many other medical procedures that are not subject to such strict regulations.

The American College of Obstetricians and Gynecologists, American Medical Association, American Academy of Family Physicians, and American Osteopathic Association all filed an amicus brief saying that HB2’s ambulatory surgical center requirement “imposes medically unnecessary demands on abortion facilities and serves no medical purpose.”

What about all of the other states’ regulations?

Several states around the country have laws similar to Texas’s (although some are currently blocked) and if they are deemed similar enough, they will most likely be thrown out or will suffer intense hurdles in order to become lasting laws.

However, lawmakers have found ways to increase restrictions on abortions even after other landmark abortion cases, so time will tell if this ruling will make a large impact nationwide.

Strong opinions on both sides

Justices Clarence Thomas and Samuel Alito offered dissenting opinions. However, unlike Thomas, who would’ve upheld the previous ruling, Alito and Chief Justice John Roberts would have sent it back to the lower courts for further discussion.

“The Court has simultaneously transformed judicially created rights like the right to abortion into preferred constitutional rights, while disfavoring many of the rights actually enumerated in the Constitution,” Thomas wrote in his scathing dissent.

On the other side, Breyer wrote in the majority opinion that the Texas restrictions “vastly increase the obstacles confronting women seeking abortions in Texas without providing any benefit to women’s health capable of withstanding any meaningful scrutiny.”

Ginsberg offered up a concurring opinion as well.

“Given those realities, it is beyond rational belief that H.B. 2 could genuinely protect the health of women, and certain that the law ‘would simply make it more difficult for them to obtain abortions,'” she wrote. “When a State severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners, faute de mieux, at great risk to their health and safety.”

You can read the full opinion here.

Julia Bryant

Julia Bryant is an Editorial Senior Fellow at Law Street from Howard County, Maryland. She is a junior at the University of Maryland, College Park, pursuing a Bachelor’s degree in Journalism and Economics. You can contact Julia at JBryant@LawStreetMedia.com.

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By now, it is not unusual to hear stories of states trying to circumvent Roe v. Wade by closing medical facilities that conduct abortions, or imposing laws that restrict the amount window for a woman to get an abortion. But it seems like recently states have been looking for even more out-of-the-box ways to restrict access to this service. Let’s take a look at the four newest bills presented to state legislatures, and what’s wrong with each of them.

1. Making women wait 72 hours to get an abortion

New bills in Missouri would require women to wait 72 hours after deciding to have an abortion to actually get one. In some states, there is a 24-hour waiting period, but Missouri would be the first to extend that by two full days. There would be no exceptions for cases of rape.

There really isn’t an explanation for this law besides the fact it stalls women looking for an abortion, and may provide an opportunity to talk them out of it. By making women wait three days after deciding to have the procedure, and actually going through with it, she may feel pressured into changing her mind. And without exceptions to the law, women who have been raped or face medical emergencies are put in a dangerous situation.

2. Letting women sue their doctors up to 10 years after their abortion if they regret having it

In Iowa, a bill has been introduced that would allow women to sue their abortion provider long after the abortion has taken place. The reason is not because of medical malpractice, lack of information, or the procedure was done incorrectly, but because they regret their abortions.  Women would have up to 10 years to sue their doctor after having the procedure. Women would be allowed to sue for compensation because of emotional distress. Even women who sign a consent form for the procedure would be eligible to sue their doctors if they think more information about alternatives, or potential dangers from abortions could have been provided to them.

Some women do regret the abortions they have, but that isn’t the fault of the doctor. If a woman is given accurate information about the procedure, signs consent forms, and the doctor does the procedure correctly, why would he or she be held responsible for emotional damage afterward? A doctor is supposed to inform a patient of her options, and should not be held accountable for someone’s regret, no matter how painful, down the road.

3. Make sure not just one, but both parents of an underage girl seeking an abortion are notified

Also in Missouri, there is a new bill that would require not one, but both parents of a girl seeking an abortion to be notified before the procedure take place. Currently, at least one parent of a minor is notified before a girl can have an abortion, but this law goes beyond that. It presents a number of problems, among them being children who may not know both of their parents, but be restricted from receiving an abortion because of this legislation. Additionally, young women may choose to cross state lines or have riskier abortions if they think their parents won’t find out. While the bill does include exceptions for parents who have been convicted of sexual abuse of the child, or if the courts had previously terminated their rights, it doesn’t include any exceptions for medical emergencies. So, if a parent were out of town, or just not a part of the girl’s life, her access to abortion would be cut off.

Parental notification has been contentious throughout the abortion debate because it concerns people who are underage. But most states have adequate parental notification laws with just one parent- adding this law serves as nothing but a hinderance and waste of time for women looking to get an abortion.

4. Restrict abortions to the first 20 weeks of pregnancy

West Virginia has been the most upfront in their aim to restrict access to abortion- by trying to limit them to the first 20 weeks of pregnancy. Doctors who perform abortions after this time period could be fined up to $5000, and face between 1 to 5 years of jail time. As a reminder for everyone- Roe v. Wade (the Supreme Court decision that settled this decades ago) said that women are able to have abortions until the pregnancy is “viable,” and went on to say that 24 weeks into pregnancy is the earliest a child is viable. Simple math shows us that West Virginia is at least four weeks short with this bill.

Perhaps the most troubling part of each of these bills is the way the people who introduce them try to cover their true intentions. Rather than just saying, “I’m against abortion and trying to restrict it,” lawmakers bring in pleas for “family values,” and perhaps most insulting, by insinuating a woman who wants an abortion isn’t capable of making the decision to get one without a plethora of “help” from lawmakers in her state. State legislatures are allowed to pass laws for the betterment of that state, but it’s hard to take some of these laws seriously when they were so obviously written to restrict access to abortion.

[Slate] [RH: West Virginia] [Iowa Bill] [RH: Missouri 1] [RH: Missouri 2]

—

Molly Hogan (@molly_hogan13)

Featured image courtesy of [ProgressOhio via Flickr]

Molly Hogan

Molly Hogan is a student at The George Washington University and formerly an intern at Law Street Media. Contact Molly at staff@LawStreetMedia.com.

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