The first part of 2010 has brought a flurry activity on the abortion front. Anti-abortion activists are fighting hard to get laws passed that are designed to discourage abortion by creating additional obstacles for the women seeking abortion and new liability for the physicians performing abortions. This fight is being played out in federal courts -- patients' advocates and providers are immediately challenging these laws as unconsitutional. Last week, two federal district courts granted temporary injunctions blocking abortion laws in Nebraska and Oklahoma, respectively. This is a promising sign for patients and providers because in order to get the injunction they had to convince the court that they would likely be succesful on the merits of their claim and that the law presented an imminent threat of irreparable harm by jeopardizing women's access to important reproductive health services. Full hearings will probably occur early next year.

Continue reading "Reproductive Health Update: Courts Temporarily Enjoin Abortion Laws" »

A recent New York Times article describes a growing trend among states to restrict access to abortion. These restrictions are coming in various forms: some are outright bans on abortion after a certain time, some ban insurance coverage for abortions in the new health insurance exchanges, and some try to discourage abortion through the use of ultrasound and the interrogation of women about their reasons for seeking an abortion. In an earlier posting, I have explained why mandatory ultrasound laws are unconstitutional and unethical, and I will continue to look at other laws to examine their legality and impact on health care for women. For a comprehensive overview on state laws regulating abortion, you can visit the Guttmacher Institute website at http://www.guttmacher.org/sections/abortion.php. The Guttmacher Institute is an organization dedicated to advancing sexual and reproductive health through research, policy analysis, and public education. It monitors these state developments and provides regular updates.

There is a growing trend among states to try to make abortions more difficult to access, and a law passed in Oklahoma provides the latest example of this trend. In April, Oklahoma passed a law that requires women seeking an abortion to undergo an ultrasound, and during the ultrasound, the woman must be shown a fetal image and hear a verbal description of fetal characteristics, such as heartbeat and size. The hope is that if women view a sonogram and hear details about the embryo or fetus they will change their minds and decide to preserve the pregnancy.

Supporters of these "mandatory ultrasound" laws try to justify them on "informed consent" grounds - they claim that this is necessary to ensure that women have all the information they need to make an informed choice about abortion. However, a closer look at the Oklahoma law reveals a much more insidious purpose and strategy to undermine informed consent and interfere with women's reproductive choice. The law is an unethical invasion into the physician-patient relationship and an unconstitutional burden on a woman's reproductive rights.

Continue reading "Oklahoma Imposes Unethical and Unconstitutional Barriers for Women Seeking Abortion" »