The Texas Supreme Court late on Friday night blocked a lower court order that said clinics could continue performing abortions, just days after some doctors had resumed seeing patients after the fall of Roe v Wade.
It was not immediately clear whether Texas clinics that had resumed seeing patients this week would halt services again. A hearing is scheduled for later this month.
The whiplash of Texas clinics turning away patients, rescheduling them and now potentially canceling appointments again — all in the span of a week — illustrated the confusion and scrambling taking place across the US since Roe was overturned.
Photo: AFP
Abortion providers and patients across the country have been struggling to navigate the evolving legal landscape around abortion laws and access.
In Florida, a law banning abortions after 15 weeks went into effect on Friday, the day after a judge called it a violation of the state constitution and said he would sign an order temporarily blocking the law next week. The ban could have broader implications in southern US, where Florida has wider access to the procedure than its neighbors.
Abortion rights have been lost and regained in the span of a few days in Kentucky. A so-called trigger law imposing a near-total ban on the procedure took effect on June 24, but a judge blocked the law on Thursday, meaning the state’s only two abortion providers can resume seeing patients — for now.
Photo: Bloomberg
The legal wrangling is almost certain to continue to cause chaos for Americans seeking abortions in the near future, with court rulings able to upend access at a moment’s notice and an influx of new patients from out of state overwhelming providers.
Even when women travel outside states with abortion bans in place, they might have fewer options to end their pregnancies as the prospect of prosecution follows them.
Planned Parenthood of Montana this week stopped providing medication abortions to patients who live in states with bans “to minimize potential risk for providers, health center staff and patients in the face of a rapidly changing landscape.”
Planned Parenthood North Central States, which offers the procedure in Minnesota, Iowa and Nebraska, is telling its patients that they must take both pills in the regimen in a state that allows abortions.
The use of abortion pills has been the most common method to end a pregnancy since 2000, when the US Food and Drug Administration (FDA) approved mifepristone — the main drug used in medication abortions. Taken with misoprostol, a drug that causes cramping that empties the womb, it constitutes the abortion pill.
“There’s a lot of confusion and concern that the providers may be at risk and they are trying to limit their liability so they can provide care to people who need it,” said Daniel Grossman, who directs the research group Advancing New Standards in Reproductive Health at the University of California San Francisco.
Emily Bisek, a spokeswoman for Planned Parenthood North Central States, said that in an “unknown and murky” legal environment, they decided to tell patients they must be in a state where it is legal to complete the medication abortion — which requires taking two drugs 24 to 48 hours apart.
She said most patients from states with bans are expected to opt for surgical abortions.
Access to the pills has become a key battle in abortion rights, with the administration of US President Joe Biden preparing to argue states cannot ban a medication that has received FDA approval.
Kim Floren, who operates an abortion fund in South Dakota called Justice Empowerment Network, said the development would further limit women’s choices.
“The purpose of these laws anyways is to scare people,” Floren said of states’ bans on abortions and telemedicine consultations for medication abortions. “The logistics to actually enforcing these is a nightmare, but they rely on the fact that people are going to be scared.”
A South Dakota law took effect on Friday that threatens a felony punishment for anyone who prescribes medication for an abortion without a license from the South Dakota Board of Medical and Osteopathic Examiners.
In Alabama, Attorney General Steve Marshall’s office said it is reviewing whether people or groups could face prosecution for helping women fund and travel to out-of-state abortion appointments.
Yellowhammer Fund, an Alabama-based group that helps low-income women cover abortion and travel costs, said it is pausing operation for two weeks because of the lack of clarity under state law.
“This is a temporary pause, and we’re going to figure out how we can legally get you money and resources and what that looks like,” Yellowhammer healthcare access director Kelsea McLain said.
Laura Goodhue, executive director of the Florida Alliance of Planned Parenthood Affiliates, said staff members at its clinics have seen women driving from as far as Texas without stopping — or making an appointment.
Women who are past 15 weeks were being asked to leave their information and promised a call back if a judge signs the order temporarily blocking the restriction, she said.
Still, there is concern that the order may be only temporary and the law may again go into effect later, creating additional confusion.
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