Post Roe Abortion Problems

[RTH10260]

[raison de arizona]

https://twitter.com/QasimRashid/status/ ... 78624?s=20

In Idaho you can't donate organs from someone who died w/o their prior consent—but Idaho's new abortion bill would force an 11-year-old rape victim to have her rapists child w/o her consent.

In short, even a corpse in Idaho has more rights over its body than do women & girls.

[Volkonski]

CnexNews
@cnexnews
AP

Democratic-backed judge Janet Protasiewicz won Wisconsin's Supreme Court race, flipping majority control of the court to liberals. The election comes as the court is set to decide a pending lawsuit that could determine abortion access in the state.

https://apnews.com/article/wisconsin-su ... c1ab8180fa

[Tiredretiredlawyer]

[raison de arizona]

Idaho Passes Law To Restrict Interstate Travel For Abortion Care For Minors
Abortion trafficking is now a felony offense in the state, punishable by up to five years in prison.

Idaho just became the first state to implement an interstate travel restriction on abortion care since the Supreme Court repealed federal protections last year.

Gov. Brad Little (R) signed a law on Wednesday evening that bans minors from traveling out of state for abortions without parental consent. The law creates a new felony crime called “abortion trafficking,” which the legislation defines as an “adult who, with the intent to conceal an abortion from the parents or guardian of a pregnant, unemancipated minor, either procures an abortion … or obtains an abortion-inducing drug” for the minor.

“Recruiting, harboring, or transporting the pregnant minor within this state commits the crime of abortion trafficking,” according to the legislation. The crime of abortion trafficking carries a felony offense punishable by two to five years in prison.

The law criminalizes anyone transporting a pregnant minor without parental consent within Idaho to get an abortion or abortion pills, which means it could apply to a grandmother driving a pregnant minor to the post office to pick up a package holding medication abortion or target an older brother driving a pregnant minor to a friend’s house to self-manage an abortion at home.

https://www.huffpost.com/entry/idaho-la ... 9517535cc3

[RTH10260]

I couldn't resist to crosspost this one here:

crmlu230402.jpg

[poplove]

BREAKING: A federal judge in Texas just issued an order invalidating the FDA’s approval of mifepristone, the abortion pill

HOWEVER,

Whoa—a Washington judge just issued a dueling injunction PROHIBITING the FDA from pulling mifepristone off the market. It directly conflicts with Kacsmaryk’s. https://

[Greatgrey]

Now where?

In Texas, RWNJ Judge bans Mifepristone as expected, gives DOJ & FDA 7 days to appeal



At the same time, a Judge in Washington State enjoins the FDA from pulling Mifepristone.



So… two diametrically opposing opinions, where does the DOJ go?

Can they skip the appeals courts all together and just go to SCOTUS?

[RTH10260]

Despite Wisconsin Supreme Court election loss, Republicans in other states push for new abortion restrictions
Janet Protasiewicz won comfortably in a state where major races are usually nail-biters.

Christopher Wilson and Kate Murphy
Fri, April 7, 2023 at 11:00 AM GMT+2

Democrats scored a major victory in Wisconsin on Tuesday, winning a seat on the state Supreme Court in the latest example of how the issue of abortion is still playing a massive role in swing races.

Liberal candidate Janet Protasiewicz was explicit about her support for abortion access in her campaign against conservative Dan Kelly, repeatedly referencing it in television ads. In a state where most of the recent major contests have been within a point or two, Protasiewicz ended up winning the pricey race by 11%. Her victory gave Democrats a majority on the state’s Supreme Court and means she will likely preside over a case on Wisconsin’s 1849 abortion ban that is expected to reach the court later this year.

Protasiewicz’s win was just the latest in a string of abortion-related electoral defeats for Republicans in the wake of the Supreme Court’s decision last June to overturn Roe v. Wade. Signs of trouble for Republicans were there immediately. In Kansas, a state that former President Donald Trump won by 15 points in 2020, voters soundly rejected an August referendum that would have weakened abortion protections. Later that month, a Democratic candidate running on abortion rights won a special House election in a New York swing district.

A Republican wave predicted by many in the November midterms was blunted by the focus on abortion that saw ballot measures succeeding even in some traditionally conservative states. It was a major issue in Michigan, where a ballot measure not only helped power Democratic Gov. Gretchen Whitmer to an easy reelection but also gave her party control of the state Legislature for the first time in decades. It was a key issue in Pennsylvania, where Democrats flipped a Senate seat and held onto the governor’s mansion by focusing on the issue. The victories continued into 2023, with Democrats flipping a Virginia state Senate seat in a special election that was focused on Republican attempts to pass a stricter ban.



https://www.yahoo.com/news/despite-wisc ... 04036.html

[RVInit]

Hopefully the GOP will continue to get backlash from this. Abortion was one of their biggest boogie men, they relied on using abortion as a way to draw Republican voters to the polls. Now that boogie man has been taken away, the lack of reproductive rights is bringing out Democratic and Independent voters in droves. And possibly softening the Republican vote to some degree.

But here's a question for the lawyers. I thought SCOTUS ruling specifically says that abortion is a "state's rights" issue. So, how can a judge in one state, remove the ability for people in other states to get the morning after pill?

[neeneko]

Hopefully the GOP will continue to get backlash from this. Abortion was one of their biggest boogie men, they relied on using abortion as a way to draw Republican voters to the polls. Now that boogie man has been taken away, the lack of reproductive rights is bringing out Democratic and Independent voters in droves. And possibly softening the Republican vote to some degree.

I suspect they were not expecting Row v Wade to get struck down. It was an ideal issue for them, a moral crusade that they could sell a dream of overturning without having to confront the consequences of it no longer being in place. Now... not only do they no longer have that draw, but they can be hit with every 'see, this is why this is a bad idea!' case.

[Volkonski]

South Carolina Republican says to ignore FDA abortion pill ruling

https://www.politico.com/news/2023/04/1 ... g-00091184

Rep. Nancy Mace (R-S.C.) suggested that the Biden administration should ignore a federal judge’s decision last week to block the sale of an abortion pill.

“It’s not up to us to decide as legislators or even, you know, as the court system whether this is the right drug to use or not,” Mace told CNN’s Kaitlan Collins on Monday. “I agree with ignoring it at this point… this thing should just be thrown out quite frankly.”

On Friday evening, Texas federal judge Matthew Kacsmaryk ruled to suspend the FDA’s approval of mifepristone, a drug that can be used in tandem with another to induce an abortion. Though it won’t take effect for a week, the decision virtually bans the sale of the pills across the country.


The ruling was appealed by the Biden administration as lawmakers, including Sen. Ron Wyden (D-Ore.) and Rep. Alexandria Ocasio-Cortez (D-N.Y.), called on President Joe Biden to use his executive powers to protect the drugs’ availability even sooner. Hundreds of thousands of patients in the United States use the medication both for abortions and treating miscarriages.

Mace sided with the outspoken Democrats, the first Republican to publicly do so.

[bob]

So… two diametrically opposing opinions, where does the DOJ go?

Can they skip the appeals courts all together and just go to SCOTUS?

Presuming the FDA agrees with the Washington decision (or at least disagrees with it less), then the fire will be in the 5th Circuit. I've seen some commentators say this judge went too far, even for the 5th.

There's presently a 7-day stay in place, to permit an appeal. I presume an appeal to the 5th is in the works. And the 5th can do many things, including elongating the stay that's presently in place.

Regardless of how the 5th rules, I presume the loser will seek relief with SCOTUS. Old SCOTUS would have stayed the litigation to permit a full blown appeal; this SCOTUS, however, may do its shadow-docket trickery and decide the issue entirely on the basis of a stay request.

Because the judge's ruling is a rather significant change in the standing doctrine (which conservatives normally love and defend), I suspect this ruling eventually will be struck down on that basis, i.e., no jurisdiction due to an erroneous reading of standing law. Giving interested parties an incentive to plaintiff-shop for a litigant with a better chance of standing.

Meanwhile, my WAG is the FDA will have institutional reasons to appeal the Washington ruling. But I assume it'll slow walk that appeal.

[SuzieC]

Bob, who do you think a plaintiff with standing would look like? A plaintiff denied the pill would not work with the anti-abortion zealots.

[bob]

Bob, who do you think a plaintiff with standing would look like? A plaintiff denied the pill would not work with the anti-abortion zealots.

The short answer is that the people with the best arguments (in a sane universe) for standing probably don't want to advance this cause, especially for these advocates.

As expected, the FDA filed in the 5th for a stay (as well as a stay pending stay application).

I presume the 5th will the stay the district court's order, to (at least) permit fuller briefing on whether to stay pending appeal.

[raison de arizona]

Well that is quick.

[Greatgrey]

Yeah, the Texas Judge’s decision is crap.

Here’s the Rikker to the article Orin is talking about

https://adamunikowsky.substack.com/p/mi ... of-law-9c4

[bob]

DOJ filed its reply; briefing is complete:

DOJ had asked for a ruling by noon tomorrow, so the loser could have time to file in SCOTUS before Friday.

The 5th could:
* Rule by then;
* Not rule by then, and force DOJ to get creative in SCOTUS; or
* Say, "We need more time to rule; stay extended."

[Dave from down under]

Of course the US could make contraception free,
which would reduce the number of abortions.

https://www.abc.net.au/news/2023-04-13/ ... /102198058

As parts of Europe and Canada start to provide free access to contraception, women's rights and sexual health advocates are trying to build momentum toward a similar change in Australia.

Key points:
A province in Canada is the latest overseas jurisdiction to provide free access to prescription contraception
There are concerns in Australia that cost is a barrier to women accessing new or more effective birth control options
A professor from the Sphere Centre of Research Excellence says there is a growing push to make contraception free in Australia

Last month, British Columbia became the first Canadian province to make prescription contraception free for all residents.

It joined the United Kingdom, Ireland and France as a jurisdictions providing provide free access to prescription birth control — either for all residents or certain age groups.

But sexual health doctors say cost remains a barrier to accessing contraception in Australia.

According to Women's Health Matters, contraceptive pills covered by the Pharmaceutical Benefit Scheme (PBS) cost between $10 and $35 every three months, or around $6.40 if the person also has a low-income Health Care Card.

[sugar magnolia]

Nah, they'd rather outlaw it all together.

[Greatgrey]

Link to order https://storage.courtlistener.com/recap ... .183.2.pdf

[Kriselda Gray]

Link to order https://storage.courtlistener.com/recap ... .183.2.pdf

Can someone translate this into IANALese?

[W. Kevin Vicklund]

Without going into the whys and wherefores, the effect is that the district court's decision regarding the initial approval is stayed (likely time-barred and public interest in access to abortion), but the challenges to later changes are not stayed (defendants didn't meet their burden for a stay). So you can still get abortion drugs, but not via the mail, possibly not after 49 days, and more paperwork required.

The big hangup is going to be the Comstock Act. I hate to say it, but unless there is a dismissal for lack of standing, there's a strong likelihood that abortion medication by mail will be ruled illegal due to this 150 year-old law that Congress never altered (several other circuits and a SC Justice in a dissent have ruled the Comstock Act only applies if the abortion is illegal). At which point, you have conflicting circuit court opinions, which increases the likelihood of SCOTUS accepting the case, and we all know how that will end up.

[Kriselda Gray]

Thank you, Sir!

[Volkonski]

DeSantis signs Florida GOP’s 6-week abortion ban into law

https://apnews.com/article/florida-abor ... 0b463edad1

Republican Gov. Ron DeSantis signed into law a bill approved by the Republican-dominated Florida Legislature to ban abortions after six weeks of pregnancy.

The governor’s office said in a statement late Thursday that he had signed the legislation. The ban gives DeSantis a key political victory among Republican primary voters as he prepares to launch an expected presidential candidacy built on his national brand as a conservative standard bearer.

The six-week ban will take effect only if the state’s current 15-week ban is upheld in an ongoing legal challenge that is before the state Supreme Court, which is controlled by conservatives.

The policy would have wider implications for abortion access throughout the South in the wake of the U.S. Supreme Court’s decision last year overturning Roe v. Wade and leaving decisions about abortion access to states. Alabama, Louisiana and Mississippi have banned abortion at all stages of pregnancy, while Georgia forbids the procedure after cardiac activity can be detected, which is around six weeks.