Los Angeles Times - 03.04.2020

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COMMITMENT

Castillo-Pino E, Medina M. An introductionto the epidemiology and burden

of urinarytract infections.TherAdv Urol.2019;11.https://www.ncbi.nlm.nih.

gov/pmc/articles/PMC6502976/#bibr4-1756287219832172.Published May2,

2019 .Accessed December 10, 2019.

UseonT-Zone toreduce

vulnerability to viruses

THE NATION

WASHINGTON — Six
Republican-led states are
moving to dramatically cur-
tail access to abortion amid
the coronavirus pandemic,
prompting a wave of law-
suits that could soon bring
the dispute to the Supreme
Court.
While several states and
the federal government have
discouraged nonessential
medical procedures like cos-
metic surgery and elective
dental work during the na-
tional health crisis, six
states — Indiana, Iowa, Mis-
sissippi, Ohio, Oklahoma
and Texas — went a step fur-
ther, prohibiting abortion,
unless to protect the life or
health of the woman.
The Republican gover-
nors say their orders are vi-
tal to preserving hospital ca-
pacity and personal protec-
tive equipment for health-
care workers treating
COVID-19 cases.
But abortion rights sup-
porters say the states are ex-
ploiting the crisis to block or
delay access to abortions,
perhaps until a pregnancy is
so far along it will be harder
or impossible to end. They
say the orders violate Su-
preme Court rulings first
spelled out in Roe vs. Wade
that states cannot ban abor-
tion before a fetus is viable
outside the womb, about 24
weeks.
They also note that many
abortions conducted early
in a pregnancy — up to 10
weeks under the Texas law
—rely on a pill and can be
completed with no use of
hospital or personal protec-
tive equipment.
Federal judges have
blocked the bans from going
into effect in nearly all the
states. But the U.S. 5th Cir-
cuit Court of Appeals al-

lowed the Texas ban to take

effect on a temporary basis.

Abortion providers vowed to

appeal to the Supreme

Court if necessary.

“We are absolutely ready

to take every legal action

that we have to, to keep clin-

ics open,” said Nancy Nor-

thup, president of the Cen-

ter for Reproductive Rights,

the legal organization repre-

senting providers in several

states. “These emergency

abortion bans are an abuse

of power and they are part of

a long-term effort to use

sham justifications to shut

down clinics and make an

end-run around Roe vs.

Wade.”

The order is having an

immediate effect in Texas.

Already, the Planned Par-

enthood facility and other

providers that have filed suit

have had to cancel hundreds

of scheduled appointments.

In Texas, the prohibition

includes “any type of abor-

tion that is not medically

necessary to preserve the life

or health of the mother,” ac-

cording to state Atty. Gen.

Ken Paxton. Violating the

ban would result in a $1,

fine or six months in jail for

the provider.

In Iowa, Republican Gov.

Kim Reynolds and abortion

providers reached agree-

ment Wednesday to allow

surgical abortions if delay-

ing them would push the pa-

tient past the point at which

legal abortions are allowed,

according to the Associated

Press.

In Michigan, Democratic

Gov. Gretchen Whitmer —

who recently clashed with

President Trump over the

federal response to the virus

—did not include abortion

in her order blocking nones-

sential procedures. Anti-

abortion groups including

the Susan B. Anthony List

and Michigan Right to Life

chastised her decision.

“Gov. Whitmer should

end these unnecessary pro-

cedures that further strain

our healthcare system, and

abortion businesses in the

state should cooperate,”

said SBA List President

Marjorie Dannenfelser, who

also condemned Democrat-

ic Pennsylvania Gov. Tom

Wolf ’s order for not includ-

ing abortion.

Governors have framed

the state orders as tempo-

rary, saying they will last for

a limited number of days, or

for as long as there is an

emergency. They’ve said wo-

men can wait until after the

bans are lifted to obtain an

abortion. But that won’t be

an option for many women

because federal and many

state guidelines encourag-

ing people to stay home will

be in effect for another

month at least, if not longer.

The legal battle marks a

continuation of what has

been a decades-long effort

by many red states to limit

access to abortion. If the

Supreme Court is asked to

make an emergency ruling

on the issue, it could provide

an unexpected early glimpse

of how the recently reshaped

bench views abortion rights.

Justices were already ex-

pected to deliver by June the

first abortion ruling since

Trump’s two appointees

joined the court, in a Louisi-

ana case questioning

whether abortion providers

need to have admitting privi-

leges at a nearby hospital. If

suddenly faced with an

emergency appeal over the

Texas order, “the Supreme

Court may be forced to

weigh in on this much sooner

than [the justices] wanted

to,” said Mary Ziegler, a pro-

fessor at Florida State Uni-

versity College of Law who

has written extensively

about the legal history of

abortion.

That should concern

abortion rights supporters,

she said. “This court ... has a

track record of granting

more leeway to the govern-

ment in times of emergency,”

she said.

U.S. District Judge Lee

Yeakel, who temporarily

blocked the Texas order

from taking effect, sug-

gested that only the justices

could undermine the Roe

decision to allow for a “silent

‘except-in-a-national-emer-

gency clause.’”

In court documents, Re-

publican state leaders argue

that they have the authority

to temporarily ban access to

nonessential healthcare

procedures to protect the

health of all citizens during a

pandemic. They say allow-

ing abortions to proceed

while not allowing other pro-

cedures would give abortion

an elevated status.

“The right to abortion

does not have preeminence

over all of the other individu-

al liberties that are being

temporarily curtailed,” Tex-

as wrote in court documents

this week.

Steve H. Aden, chief legal

officer and general counsel

at Americans United for

Life, which opposes abor-

tion, anticipates the court

will allow the state orders to

remain in place because the

country is fighting a pan-

demic.

“The power of the state to

take extreme measures to

deal with a health crisis like

this is really the apex of its

constitutional powers,” he

said, citing a 1905 precedent

that let states fine or impris-

on citizens who did not get a

small pox vaccination dur-

ing an epidemic of the dis-

ease. “There really isn’t

much that a state cannot do

to respond to what is truly a

health emergency.”

Abortion rights support-

ers dispute the idea that

abortion is a nonessential

procedure comparable to a

face lift or carpal tunnel

surgery, saying it is time-

sensitive and constitution-

ally protected.

They also say that while

the coronavirus emergency

is real, closing abortion clin-

ics won’t change the pan-

demic’s trajectory.

Ending access to abor-

tion “doesn’t lower the risk

of transmitting the virus. It

just forces people to stay

pregnant and have children

against their will,” said Jen-

nifer Dalven, director of the

Reproductive Freedom

Project at the American Civ-

il Liberties Union. “So it’s

not surprising that the

states that are now using the

COVID crisis to stop people

from getting abortion care

are the very same states that

have a history of passing

laws to ban abortion or using

sham rationales to shut

down clinics.”

Dalven says the orders

have to be viewed through

the lens of the states’ long-

standing opposition to abor-

tion and history of enacting

prohibitions on the pro-

cedure through medical

regulation, which under-

mine their case that they’re

working to protect the pub-

lic from the coronavirus.

The Supreme Court

heard a case last month that

questions a Louisiana regu-

lation requiring abortion

providers to have admitting

privileges at a nearby hospi-

tal. The court has not yet is-

sued a decision.

Pandemic sparks new battle over abortion

ACTIVISTSdemonstrate outside the Supreme Court last month as justices took

up the first major abortion case in years. New cases may require rulings sooner.

Saul LoebAFP/Getty Images

Advocates object as

red states move to

block it along with

elective procedures.

By Jennifer Haberkorn