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Tennessee: Allowing abortions would undermine virus efforts
By TRAVIS LOLLER, Associated Press
NASHVILLE, Tenn. (AP) — The Tennessee Attorney General's Office on Wednesday defended an order that restricts abortions to prevent the spread of COVID-19.
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| © Provided by Associated Press FILE - In this March 16, 2020, file photo, Tennessee Gov. Bill Lee answers questions concerning the state's response to the coronavirus during a news conference in Nashville, Tenn. Tennessee abortion providers are asking a federal judge to order that abortions can go forward despite an executive order from Gov. Lee aimed at reducing the spread of the coronavirus. Their lawyers argue in a motion filed on Monday, April 13, 2020, that Lee's order blocking “nonemergency healthcare procedures” should not apply to abortions. (AP Photo/Mark Humphrey, File) |
On Monday, a group of Tennessee abortion providers filed an emergency motion in federal court seeking to continue providing surgical abortions. They argue that delaying abortions will “impose extreme burdens” on women by forcing them to travel long distances out of state during the pandemic or wait weeks for an abortion, exposing them to increased medical risks. In some cases, the delay could prevent a woman from having an abortion altogether by pushing them past 20 weeks gestation, after which abortions generally are not available in Tennessee.
In a response filed late on Wednesday, attorneys for the state argue that Lee's order preserves personal protective equipment for emergency needs and prevents the community spread of COVID-19. The order is within the governor's authority to protect the health and welfare of citizens, the filing states.
Excluding abortions from the ban on nonemergency medical procedures would harm the public, government attorneys argue, “by hindering the State’s otherwise comprehensive efforts to respond to the COVID-19 pandemic.”
Any harm to women seeking abortions is speculative, the state argues, because the abortion providers have not identified specific women who would be harmed by the delay. The state also challenges whether the abortion providers are allowed to sue on behalf of women seeking abortions.
Attorneys for the abortion providers argue that restricting abortions actually goes against the stated purpose of Lee's ban because carrying a pregnancy to term requires more patient-provider interactions and uses more personal protective equipment than an abortion. And if a woman travels out of state to get an abortion, that could increase the risk of spreading the virus.
Several other states are grappling with similar issues.
A federal judge on Tuesday blocked Arkansas’ order that was preventing the state’s only surgical abortion clinic from performing the procedure during the pandemic. On Monday, a 10th U.S. Circuit Court of Appeals panel ruled against an Oklahoma ban. And the 6th U.S. Circuit Court of Appeals declined to hear an appeal out of Ohio, a move that allows providers there to continue performing surgical abortions. Also Monday, a panel of the 5th U.S. Circuit Court of Appeals ruled that medication abortions —which involve taking one pill at a clinic, then taking a second pill 24 to 48 hours later, typically at home — can go forward in Texas. In Louisiana, an abortion provider on Monday filed a federal lawsuit challenging any state attempts to ban abortions during the pandemic.
A telephonic hearing on the new motion in the Tennessee case is scheduled for Friday. The motion was filed as part of an ongoing lawsuit by abortion providers challenging a state law that requires women to attend an in-person counselling session at least 48 hours before an abortion. Both sides are awaiting a ruling in the lawsuit. The providers’ lawyers, as part of their emergency motion, also want the judge to issue a preliminary injunction preventing the state from enforcing the in-person counselling requirement.
Medication abortions are not affected by Tennessee's ban, according to the Center for Reproductive Rights, one of the groups filing the lawsuit. In Tennessee, medication abortions are available to women who are less than 11 weeks pregnant.
Follow AP coverage of the pandemic at http://apnews.com/VirusOutbreak and https://apnews.com/UnderstandingtheOutbreak.
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Arkansas asks court to reinstate abortion ban due to coronavirus
The Associated Press
LITTLE ROCK, Ark. (AP) — Arkansas’ attorney general asked a federal appeals court Wednesday to allow the state to ban most surgical abortions during the coronavirus pandemic.
Attorney General Leslie Rutledge asked the 8th U.S. Circuit Court of Appeals to lift a judge’s order that allowed the state’s only surgical abortion clinic to continue performing the procedure. The state last week ordered the clinic, Little Rock Family Planning Services, to not perform surgical abortions unless they were needed to protect the life and health of the mother.
The state claimed the clinic was violating an order requiring health providers to reschedule any elective surgeries that could be safely postponed. Other states have tried to ban or restrict abortions during the pandemic using similar orders.
Rutledge's filing said U.S. District Kristine Baker issued her order without allowing the state to respond, “declaring abortion a judicial sacred cow — untouchable even in an effort to save lives."
“It clearly and indisputably erred," her filing said.
The clinic has said it had 20 women scheduled for abortion this week who were not candidates for abortion-inducing medication that the facility is still allowed to administer under the state's order.
“We are reviewing [the state’s filing] and will continue to fight to ensure abortion care remains accessible in Arkansas," said Holly Dickson, interim executive director of the American Civil Liberties Union of Arkansas, which represents the clinic.
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How the Coronavirus Outbreak Is Making the Fight for Abortion Access That Much Harder
Madison Feller
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| © Elijah Nouvelage - Getty Images Several states like Ohio, Texas, and Mississippi, have tried to block access by labeling abortions as nonessential procedures. |
Healthcare facilities across the country are struggling to help the influx of patients affected by the novel coronavirus. A hospital in New York has brought in refrigerated trucks to use as a morgue; Louisiana hospitals are quickly running out of beds.
In order to ease the burden and conserve resources, nonessential and elective surgeries are on hold across the country. According to CNN, at least 25 states have implemented the federal recommendation to delay elective surgical procedures.
Anti-choice activists and politicians in different states are now using this recommendation as a way to stop people from accessing abortion, by labeling the procedure as "nonessential." This comes even after the American College of Obstetricians and Gynecologists and the American Board of Obstetrics & Gynecology released a statement on March 18th naming abortion “an essential component of comprehensive health care.” They write, “It is also a time-sensitive service for which a delay of several weeks, or in some cases days, may increase the risks or potentially make it completely inaccessible.” For example, in Ohio, where most abortions are banned after 20 weeks, a delay could make a legal abortion nearly impossible.
But the restrictions are also coming from the federal level. VICE News reports that the $2 trillion coronavirus relief package that recently passed in the Senate includes provisions that make it “much more difficult, if not outright impossible, for Planned Parenthood to access new multi-billion dollar funds aimed at stabilizing the U.S. economy in the midst of the historic downturn.”
During this pandemic, it's already difficult for people to access reproductive health services; millions have lost their job and source of income, not to mention health insurance. The ever-evolving news can also make it difficult to track how your state is handling access during the outbreak. Below, a look into the states that have moved recently to restrict access so far.
Ohio
Shortly after health authorities in Ohio issued an order to stop nonessential surgeries, the state’s attorney general told abortion clinics in Dayton, Cincinnati, and Cleveland to “immediately stop performing nonessential and elective surgical abortions,” according to the New York Times.
The presidents and CEOs of Planned Parenthood of Greater Ohio and Planned Parenthood Southwest Ohio Region, Iris E. Harvey and Kersha Deibel, responded in a statement: "We are complying with the Ohio Department of Health’s order regarding personal protective equipment, which requires hospitals and surgical facilities to stop providing nonessential surgeries and procedures and take other steps to reduce the use of equipment in short supply...Under that order, Planned Parenthood can still continue providing essential procedures, including surgical abortion, and our health centers continue to offer other health care services that our patients depend on. Our doors remain open for this care."
Kellie Copeland, the executive director of NARAL Pro-Choice Ohio, also emphasized the necessity of continuing to provide during this time, saying, "The reasons that people make a decision to end a pregnancy include the impact on their health, ability to work, strained economic circumstances. All of these things are heightened during a pandemic. Denying or delaying a patient's access to abortion care puts an incredible burden on these people and their families."
On Monday, abortion rights advocates filed a lawsuit in Ohio.
Texas
An executive order from Texas’s Governor Greg Abbott stated that healthcare facilities must postpone surgeries and procedures that are not immediately medically necessary. Texas’s Attorney General Ken Paxton then confirmed that included “any type of abortion that is not medically necessary to preserve the life or health of the mother.” The order is set to expire April 21, according to the Texas Tribune, and providers can be fined up to $1,000 or face up to 180 days in jail for violating the order.
After the executive order, the president and CEOs from Planned Parenthood of Greater Texas, Planned Parenthood Gulf Coast, and Planned Parenthood South Texas released a statement: "A delay of 30 days, or even less, can make abortion completely inaccessible. We are carefully reviewing Texas Governor Greg Abbott’s Executive Order (No. GA-09) issued March 22, 2020 to ensure compliance. Along with other health care providers, Planned Parenthood health centers are conserving needed health care resources and committed to protecting the health and safety of our patients and staff."
After several Texas abortion providers sued Abbott and other state officials, a federal district judge granted providers a temporary restraining order, meaning abortion services can continue for the time being. The temporary order lasts until April 13th.
Mississippi
Mississippi Governor Tate Reeves said the single abortion clinic in the state should be following state health department's guidelines and temporarily pausing elective surgeries, according to U.S. News and World Report. Reeves said, “It is without question that the lone clinic in Jackson does, in fact, operate doing procedures that are elective and not required,” before explaining he would “be prepared to try to take additional action” if the clinic did not stop.
Louisiana
The Times reports that after Louisiana issued an order to delay nonessential medical procedures, an anti-abortion group in the state released a statement saying Hope Medical Group, one of Louisiana’s only providers, was closed. However, the president of Center for Reproductive Rights, which represents Hope Medical, has denied it.
Maryland
Maryland’s Governor Larry Hogan briefly appeared to be considering abortion clinics nonessential. After he issued a “stay-at-home” order for the state, he responded to a reporter’s question about abortion by saying, “We included in our directive an order to limit all elective surgeries...because we need to free up beds for the things that are going to save people’s lives.” However, according to Politico, Hogan’s office clarified that abortion providers could remain open.
Tennessee
According to U.S. News & World Report, a spokesperson for Tennessee's Governor Bill Lee said the governor hopes no "elective" abortions will be performed in the state due to the executive order that bans nonessential medical procedures. The spokesperson said in a statement: "Gov. Lee believes elective abortions aren’t essential procedures and given the state of PPE in Tennessee and across the country, his hope and expectation would be that those procedures not take place during this crisis."
Iowa
Iowa's Governor Kim Reynolds confirmed on Friday that the state's order to suspend nonessential medical procedures includes surgical abortions. A spokesperson for Reynolds told the Des Moines Register: "Proclamation suspends all nonessential or elective surgeries and procedures until April 16th, that includes surgical abortion procedures." On Monday, the ACLU of Iowa and Planned Parenthood Federation of America responded by filing a lawsuit against Reynolds and state officials.
Oklahoma
On Friday, Oklahoma's Governor Kevin Stitt confirmed that abortions are included in the state's executive order that postpones all elective medical procedures until April 7th. The Oklahoman reports that the governor's office said the only exceptions were abortions deemed a medical emergency or "necessary to prevent serious health risks to the unborn child's mother." Abortion rights advocates have since filed a lawsuit in Oklahoma.
Kentucky
Kentucky's Attorney General Daniel Cameron has said Governor Andy Beshear should temporarily ban abortion as part of the state's executive order to postpone elective surgeries. However, the day before Cameron's statement, Beshear told reporters he was going to "leave it to our health professionals to determine what falls into elective and the essential."
Alabama
The Hill reports that while Alabama has suspended elective surgeries, abortion providers have not gotten clarification on whether that includes surgical abortions. However, doctors performing "nonessential" procedures could be subject to criminal penalties, leading abortion rights advocates to file a lawsuit in the state.
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