Sexuality and the State

EMTALA and practicing the discipline of hope

Repro Nation Monthly | April 2024
Abortion rights supporters rally outside the Supreme Court on April 24 in Washington, D.C. (Photo by Andrew Harnik/Getty Images)
Hello Repro Nation readers!

 

This week, the US Supreme Court heard oral arguments in a case over the Emergency Medical Treatment and Active Labor Act, or EMTALA, which ensures access to emergency care at federally funded hospitals, including emergency abortion care, which might be necessary when a patient suffers a life-threatening condition for which the only “cure” is to terminate the pregnancy. In a country facing a worsening maternal healthcare crisis, wherein the vast majority of pregnancy-related deaths are preventable, one would think elected officials who purport to care about “life” would do everything possible to improve care for the most vulnerable in our society. But, of course, the anti-abortion movement broadly, and the state of Idaho specifically, is more concerned with controlling people and their reproductive decisions than keeping actual people alive. If Idaho gets its way in court, maternal healthcare will only worsen across the country, writes Karen Thompson of Pregnancy Justice.

 

Meanwhile, journalist Mary Tuma reports on the growing number of cases in which physicians are performing C-sections as some sort of abortion substitute in states where restrictions pose legal threats—or in states where doctors aren’t being trained to perform the procedure due to stigma.

 

“We are certainly going to see more of this happening in abortion-banned states,” Dr. Michele Heisler, medical director at Physicians for Human Rights and a professor of public health at the University of Michigan, told Tuma. “We have these punitive laws instilling fear in doctors and are losing medical abortion expertise. It’s a dangerous combination that is creating a terrifying new reality.”

 

With this latest development exacerbating an already fraught legal landscape, it’s difficult to feel anything resembling hope. But it doesn’t take a lot of digging to find reasons for optimism.

On Monday, the Biden Administration announced a new rule that protects the medical records of abortion patients who might face criminalization, particularly if they traveled from an abortion-banned state to a state where care is legal. The Equal Employment Opportunity Commission also finally released rules for the recently passed Pregnant Workers Fairness Act. Among other things, the federal legislation protects a worker if they need to take unpaid leave for a miscarriage, a stillbirth, or an abortion, as Bryce Covert reports for The Nation. And on Tuesday, Maine Governor Janet Mills signed legislation that “asserts that gender-affirming care and reproductive health care are ‘legal rights’ in Maine,” journalist Erin Reed reported at the LA Blade. Lawmakers had faced attacks on social media and even bomb threats as they pushed for the legislation to pass. They didn’t waver and passed the bill. Maine is now the 16th state to issue explicit protections for transgender people and abortion providers and patients, as Reed reported.

 

May we all keep practicing the discipline of hope.

 

Regina Mahone

Senior Editor

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Tony Award-winning slam poet Beau Sia shares a poem on Instagram that he wrote after listening to The A Files: A Secret History of Abortion, a podcast co-hosted by Repro Nation Founder Regina Mahone and We Testify Founder and Executive Director Renee Bracey Sherman from the Meteor. – via @ beausia
What We’re Reading

Arizona House Advances a Repeal of the State’s Near-Total Abortion Ban to the Senate (Associated Press)

I’m an ER Doctor. If the Supreme Court Upends EMTALA, Patients Will Die. (Rewire News Group)

Arizona’s 1864 “Zombie” Law Is a Reminder That All Abortion Bans Are Racist (The Emancipator)

Emergency Rooms Refused to Treat Pregnant Women, Leaving One to Miscarry in a Lobby Restroom (Associated Press)

Women Talk Through Their Abortions on TikTok (The New York Times)

Meet the Black OBGYNs Fighting Medical Racism One TikTok at a Time (Reckon)

We Can Make Birth Safer for Black Mothers. Here’s How. (Vox)

With Florida and Arizona Bans Looming, Money’s Getting Tight for Abortion Travel Funders (The 19th)

‘It’s Not Extraordinary; It’s Health Care,’ Says Leader of Colorado Abortion Ballot Initiative (Colorado Newsline)

6 in 10 U.S. Catholics Are in Favor of Abortion Rights, Pew Research Report Finds (NPR)

After Dobbs, Study Finds Sharp Increase in Permanent Sterilizations in Young People (Healthline)

Republicans Want to Use an 1873 Law to Ban Abortion. Congress Must Repeal It (The Guardian)

Woman Charged With Murder After Abortion Sues Prosecutor (The Cut)

Resources
How to Get an Abortion

How to Use Abortion Pills

The Miscarriage and Abortion Hotline

If/When/How Repro Legal Helpline

Charley, the Abortion Chatbot

Digital Security and Abortion Guide

Find Help Paying for an Abortion

Abortion Access for a Young Person

Abortion Access for Immigrants

Pregnancy Criminalization, Explained

Buy Needed Items for Abortion Providers Nationwide
Share Your Story of Poor-Quality Care Post-Roe
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